Moroccanoil, Inc. v. Vogue International et al

Filing 128

ORDER OF DISMISSAL by Judge Dolly M. Gee: Upon Stipulation 124 , IT IS HEREBY ORDERED that: Moroccanoil Israel Ltd., an Israeli limited company; Moroccanoil Canada, Inc., a Canadian corporation; Moroccanoil UK Limited, a United Kingdom limited compa ny; Moroccanoil Japan K.K., a Japanese corporation; and Moroccanoil Cosmeticos do Brasil LTDA, a Brazilian corporation, are added to this Action as party Plaintiffs pursuant to the Third Amended Complaint filed on 11/8/2012. Defendants need not file an Answer as their last-filed Answer to the Second Amended Complaint shall be deemed their Answer to the Third Amended Complaint. Pursuant to Fed. R. Civ. P. 41(a), all claims and counterclaims in this action are hereby dismissed. All such claims and counterclaims are hereby dismissed with prejudice except as set forth in Paragraphs 23, 24 and 30 of the Settlement Agreement and Mutual Release between the Parties dated 9/28/2012. Each Party shall bear its own attorneys' fees and costs and no Party shall be considered the prevailing party. (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MOROCCANOIL, INC., a California
11 corporation,
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Plaintiff,

CIVIL NO. CV10-10048 DMG (AGRx)
ORDER OF DISMISSAL [124]

v.

14 VOGUE INTERNATIONAL, a
fictitiously named company of TODD
15 CHRISTOPHER INTERNATIONAL,
INC., a Florida corporation, and DOES
16 1 through 10, Inclusive,
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Defendants.

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TODD CHRISTOPHER
19 INTERNATIONAL, INC. d/b/a
VOGUE INTERNATIONAL, a Florida
20 Corporation,
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Counterclaimant,
v.

23 MOROCCANOIL, INC., a California
Corporation,
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Counterdefendant.
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2522.111\9632

[PROPOSED] ORDER OF DISMISSAL

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In accordance with the parties’ Stipulation for Dismissal, IT IS HEREBY

2 ORDERED that:
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This Court has jurisdiction over all the named parties and the subject

5 matter of this action, and venue is properly laid in this District.
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2.

Moroccanoil Israel Ltd., an Israeli limited company; Moroccanoil

8 Canada, Inc., a Canadian corporation; Moroccanoil UK Limited, a United Kingdom
9 limited company; Moroccanoil Japan K.K., a Japanese corporation; and
10 Moroccanoil Cosmeticos do Brasil LTDA, a Brazilian corporation, are added to this
11 Action as party Plaintiffs pursuant to the Third Amended Complaint filed on
12 November 8, 2012.
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3.

Defendants need not file an Answer as their last-filed Answer to the

15 Second Amended Complaint shall be deemed their Answer to the Third Amended
16 Complaint.
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4.

Pursuant to Fed. R. Civ. P. 41(a), all claims and counterclaims in this

19 action are hereby dismissed.

All such claims and counterclaims are hereby

20 dismissed with prejudice except as set forth in Paragraphs 23, 24 and 30 of the
21 Settlement Agreement and Mutual Release between the Parties dated September 28,
22 2012 (“Settlement Agreement”).
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This Court shall retain exclusive jurisdiction and venue over any action

25 to resolve any dispute arising from or related to the terms and conditions of the
26 Settlement Agreement, including without limitation to enforce the Settlement
27 Agreement.
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2522.111\9632

-3[PROPOSED] ORDER OF DISMISSAL

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The Settlement Agreement contains provisions binding the Parties’

2 “Transferees” as that term is defined therein.
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Each Party shall bear its own attorneys’ fees and costs and no Party

5 shall be considered the prevailing party.
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7 DATED: November 19, 2012
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DOLLY M. GEE
United States District Judge

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2522.111\9632

-3[PROPOSED] ORDER OF DISMISSAL