Indio Products, Inc. v. Brybradan, Inc., et al

Filing 45

ORDER ON STIPULATION of Dismissal With Prejudice 44 by Judge Beverly Reid O'Connell that: (1) This action shall be dismissed in its entirety, with prejudice; (2) Each party shall bear its own attorneys fees, costs, and expenses; (3) The Court shall retain jurisdiction over this matter for purposes of enforcing any breach of the settlement agreement; and (4) The parties shall engage in initial, reasonable, good faith efforts to resolve any alleged breaches of the settlement agreement prior to filing any action to resolve any such disputes. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (jp)

JS-6

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Mark D. Nielsen, Esq., No. 210,023
[e-mail]
Daniel M. Cislo, Esq., No. 125,378
[e-mail]
CISLO & THOMAS LLP
12100 Wilshire Boulevard, Suite 1700
Los Angeles, California 90025
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant,
BRYBRADAN, INC. dba MISTIC PRODUCTS

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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INDIO PRODUCTS, INC., a
California Corporation,

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Plaintiff,
vs.
BRYBRADAN, INC., a California
corporation, doing business as
MISTIC PRODUCTS, and DOES 1
through 20, inclusive,
Defendants.

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CASE NO. 2:16-cv-05067-BRO-E
[Hon. Beverly Reid O’Connell]
ORDER ON

STIPULATION OF DISMISSAL
WITH PREJUDICE
[Fed.R.Civ.P. 41(a)(1)(A)(ii)]

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STIPULATION OF DISMISSAL WITH PREJUDICE

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WHEREAS, on or about July 11, 2016, Plaintiff Indio Products, Inc.

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(“Indio”) commenced this case against Brybradan, Inc. dba Mistic Products

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(“Brybradan”) for copyright infringement, trademark infringement, and related

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causes of action;

SUITE 1700
12100 Wilshire Boulevard
Los Angeles, California 90025
Telephone: [phone]
Facsimile: (310) 394-4 477
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Complaint (Docket Nos. 19, 19-1, 19-2), Brybradan’s Answer, Affirmative

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A ttorneys at Law

WHEREAS, the operative pleadings in the case are Indio’s First Amended

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CISLO & THOMAS LLP

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Defenses, and Counterclaims (Docket Nos. 29, 29-1, 29-2), and Indio’s Answer to

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Brybradan’s Counterclaims (Docket No. 33);

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WHEREAS, the parties conducted limited discovery in this matter, but no
dispositive rulings by the Court or a trial on the merits occurred;

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WHEREAS, the parties have settled this matter and now desire to dismiss

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this matter in its entirety, with prejudice, with each party bearing its own

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respective attorneys’ fees, costs, and expenses, and with the parties hereby

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requesting that the Court retain jurisdiction over this matter for purposes of

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enforcing any breach of the settlement agreement; and,

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WHEREAS, in the event of any alleged breach of the settlement agreement,

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the parties will make initial, reasonable, good faith efforts to resolve any such

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disputes without the need for court intervention.

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NOW THEREFORE, Plaintiff and Defendant, by and through their
respective counsel of record, hereby stipulate and agree that:

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(1)

This action shall be dismissed in its entirety, with prejudice;

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(2)

Each party shall bear its own attorneys’ fees, costs, and expenses;

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(3)

The Court shall retain jurisdiction over this matter for purposes of

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enforcing any breach of the settlement agreement; and,

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