CytoSport Inc. v. Cytogenix Sports Laboratories

Filing 70

STIPULATION and ORDER DISMISSING CASE signed by Judge William B. Shubb on 7/26/2011. Case DISMISSED with prejudice pursuant to the Stipulation of the parties. Each party shall bear its own costs and attorneys fees incurred in this action. CASE CLOSED. (Michel, G)

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Mark M. Bettilyon (Admitted Pro Hac Vice)
Samuel C. Straight (Admitted Pro Hac Vice)
RAY QUINNEY & NEBEKER
36 South State Street, Suite 1400
Salt Lake City, Utah 84111
Phone: [phone]; Fax: [phone]

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Glenn W. Peterson (California SBN 126173)
MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Phone: [phone]; Fax: [phone]

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Attorneys for Plaintiff, CYTOSPORT, INC.

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Megan Whyman Olesek (California SBN 191218)
KENYON & KENYON LLP
333 W. San Carlos Street, Suite 600
San Jose, CA 95110-2731
Telephone: [phone]; Facsimile: [phone]

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Attorneys for Defendants, CYTOGENIX SPORTS LABORATORIES, IOVATE HEALTH SCIENCES
INTERNATIONAL, INC., AND IOVATE HEALTH SCIENCES U.S.A., INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYTOSPORT, INC., a California
Corporation,
Plaintiff,

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vs.

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Case No. 2:10-CV-00700-WBS-KJM
STIPULATION AND [PROPOSED] ORDER
DISMISSING ACTION WITH PREJUDICE
_______________________________________

CYTOGENIX SPORTS LABORATORIES,
SRL., a Barbados company, IOVATE
HEALTH SCIENCES INTERNATIONAL,
INC., a Canadian corporation; and IOVATE
HEALTH SCIENCES U.S.A., INC.

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Defendants.

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STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION WITH PREJUDICE

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STIPULATION

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It is hereby stipulated and agreed that all claims brought in this action, Civil Case No. 2:10-

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CV-00700-WBS-EFB (TEMP), between Plaintiff CytoSport, Inc. and Defendants Cytogenix Sports

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Laboratories, SRL, Iovate Health Sciences International, Inc. and Iovate Health Sciences USA, Inc.

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are DISMISSED WITH PREJUDICE. Each party shall bear its own costs and attorneys’ fees

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incurred in this action.

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A proposed Order of Dismissal or Discontinuance With Prejudice is submitted herewith.
IT IS SO STIPULATED.

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DATED: July 26, 2011

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MILLSTONE, PETERSON & WATTS, LLP
Attorneys at Law

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By:
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/s/ Glenn W. Peterson
GLENN W. PETERSON

Attorneys for Plaintiff, CytoSport, Inc.
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
"conformed" signature (/s/) within this e-filed document.
MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law
/s/ Glenn W. Peterson

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DATED: July 26, 2011

KENYON & KENYON LLP

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By:

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/s/ Megan Whyman Olesek
(AS AUTHORIZED ON JULY 26, 2011)
MEGAN WHYMAN OLESEK

Attorneys for Defendants
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
"conformed" signature (/s/) within this e-filed document.
KENYON & KENYON, LLP
/s/ Megan Whyman Olesek

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STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION WITH PREJUDICE

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ORDER
IT IS HEREBY ORDERED that, pursuant to the Stipulation of the parties, all claims in Civil
Case No. 2:10-CV-00700-WBS-EFB (TEMP) are dismissed with prejudice.

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Dated: July 26, 2011

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STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION WITH PREJUDICE