Nano-Second Technology Co Ltd v. Dynaflex International

Filing 313

ORDER OF DISMISSAL 311 312 by Judge Ronald S.W. Lew. SEE ORDER FOR DETAILS. Case Terminated. Made JS-6. (jre)

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1 2 JS-6 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 NANO-SECOND TECHNOLOGY CO., LTD., a Taiwanese Corporation, 12 Plaintiff, 13 v. 14 DYNAFLEX INTERNATIONAL, a 15 California Corporation; and GFORCE CORPORATION d/b/a DFX SPORTS & 16 FITNESS, a Nevada corporation, Case No.: CV 10-09176-RSWL-MAN Hon. Judge Ronald S. W. Lew ORDER OF DISMISSAL Defendants. 17 18 DYNAFLEX INTERNATIONAL, a California Corporation, 19 Counter-complainant, 20 v. 21 NANO-SECOND TECHNOLOGY CO., 22 LTD., a Taiwanese Corporation; RPM SPORTS, an Irish corporation; and 23 YAHIGH LLC, a California Limited Liability Company, 24 Counter-defendants. 25 26 27 /// 28 /// ORDER 1 1 The Court, having considered the Stipulation to Dismiss with Prejudice by and 2 between Plaintiff and Counter-Defendant Nano-Second Technology Co., Ltd.; 3 Defendant and Counter-Claimant, Dynaflex International, Inc. (“Dynaflex”); and 4 Defendant GForce Corp., and by and between Counter-Claimant Dynaflex and 5 Counter-Defendant Yahigh, LLC, and having considered Counter-Claimant 6 Dynaflex’s concurrently filed Notice of Dismissal of its counterclaims against RPM 7 Sports, pursuant to Federal Rules of Civil Procedure 41(c), and good cause appearing, 8 IT IS HEREBY ORDERED that all claims asserted by Plaintiff against 9 Defendants, all counterclaims asserted by Defendants against Plaintiff, and all claims 10 asserted by Counter-Claimant against Counter-Defendant Yahigh, LLC, in the above11 captioned action are dismissed with prejudice in their entirety. This Order has no 12 bearing on any future claim asserted by Dynaflex or GForce against Yahigh for 13 trademark infringement for acts occurring after the date of the Stipulation. 14 IT IS FURTHER ORDERED that all claims asserted by Counter-Claimant 15 against Counter-Defendant RPM Sports, in the above-captioned action are voluntarily 16 dismissed without prejudice in their entirety. 17 Each party is to bear its own attorney's fees and costs. 18 All dates and pending applications are vacated. The Clerk shall close this case. 19 IT IS SO ORDERED. 20 21 22 DATED: June 14, 2013 RONALD S.W. LEW The Honorable Ronald S.W. Lew Senior, U.S. District Court Judge 23 24 25 26 27 28 ORDER 2

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