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

Filing 55

ORDER DISMISSING CASE WITH PREJUDICE by Judge Andre Birotte Jr.: Upon Stipulation 54 , IT IS HEREBY ORDERED 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, which would in all likelihood involve claims related to copyright issues that are within the exclusive province of th e federal courts and/or claims under the Lanham Act that are most often handled by the federal courts; 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 pursuant to the terms of the settlement agreement. (gk)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 INDIO PRODUCTS, INC., a California Corporation, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, vs. CAMAO, INC., a California corporation, doing business as KLOVER CANDLES, and DOES 1 through 20, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:16-cv-07668-AB-E [Hon. André Birotte Jr.] [PROPOSED] ORDER DISMISSING CASE WITH PREJUDICE 1 2 3 ORDER Based upon the concurrently filed Joint Stipulation of Dismissal with Prejudice, and for good cause shown, IT IS HEREBY ORDERED that: 4 (1) This action shall be dismissed in its entirety, with prejudice; 5 (2) Each party shall bear its own attorneys’ fees, costs, and expenses; 6 (3) The Court shall retain jurisdiction over this matter for purposes of SUITE 1700 12100 Wilshire Boulevard Los Angeles, California 90025 Facsimile: (310) Telephone: (310) 451-0647 Attorneys at Law enforcing any breach of the settlement agreement, which would in all likelihood 8 CISLO & THOMAS LLP 7 involve claims related to copyright issues that are within the exclusive province of 9 the federal courts and/or claims under the Lanham Act that are most often handled 10 11 by the federal courts; and, (4) The parties shall engage in initial, reasonable, good faith efforts to 12 resolve any alleged breaches of the settlement agreement prior to filing any action 13 to resolve any such disputes pursuant to the terms of the settlement agreement. 14 15 IT IS SO ORDERED. 16 17 Dated: March 26, 2018 Hon. André Birotte Jr. United States District Judge 18 19 20 21 22 23 24 25 26 27 28 1

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