HIOSSEN, INC. v. EUGENE KIM et al

Filing 100

ORDER GRANTING STIPULATION TO VOLUNTARILY DISMISS CASE FRCP 41(a)(l)(A)(ii) 99 by Judge S. James Otero. See order for details. Case Terminated. Made JS-6. (jy)

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6 Jeffrey M. Goldman (SBN 233840) E-mail: goldmanj@pepperlaw.com Matthew H. Ladner (SBN 284594) E-mail: ladnerm@pepperlaw.com Charles C. Marion (pro hac vice) E-mail: marionc@pepperlaw.com PEPPER HAMILTON LLP 4 Park Plaza, Suite 1200 Irvine, California 92614 Telephone: 949.567.3568 Fax: 949.863.0151 7 Attorneys for Plaintiff HIOSSEN, INC. 1 2 3 4 5 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 HIOSSEN, INC., Plaintiff, 13 14 v. 15 EUGENE KIM and DENTIS USA 16 Case No. 2:16-cv-01579-SJO-MRW ORDER GRANTING STIPULATION TO VOLUNTARILY DISMISS CASE; FRCP 41(a)(l)(A)(ii) CORPORATION, 17 Before Hon. S. James Otero Defendants. 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING STIPULATION TO VOLUNTARILY DISMISS CASE 1 2 On due and proper consideration of the Stipulation filed by Plaintiff 3 HIOSSEN, 4 CORPORATION (collectively, the “Parties”), and for good cause shown, INC. and Defendants EUGENE KIM and DENTIS USA 5 IT IS HEREBY ORDERED that: 6 (i) this entire action is dismissed with prejudice pursuant to FRCP 7 41(a)(1)(A)(ii); 8 (ii) the Court shall retain jurisdiction to enforce the terms of the Parties’ 9 written confidential settlement agreement dated January 26, 2017 (the “Settlement 10 Agreement”); 11 (iii) upon the occurrence of Dentis USA Corporation’s default and failure to 12 cure the same, as contemplated by the Settlement Agreement, Hiossen, Inc. shall be 13 entitled to the ex parte entry of judgment in accordance with the terms of the 14 Settlement Agreement; and 15 (iv) each Party is to bear its or his own court costs and attorneys’ fees 16 incurred in this litigation, subject to and except for as otherwise provided in the 17 Settlement Agreement. 18 PURSUANT TO STIPULATION, IT IS SO ORDERED. 19 20 Dated: February 17, 2017__ _______________________________ 21 Honorable S. James Otero United States District Judge 22 23 24 25 26 27 28 1 [PROPOSED] ORDER GRANTING STIPULATION TO VOLUNTARILY DISMISS CASE

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