Schaub v Orchard Yarn & Thread Company, Inc.

Filing 13

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/20/2018 ORDERING Plaintiff's third claim for relief for patent infringement is DISMISSED without prejudice. The counterclaim is DISMISSED without prejudice. Defendant's motion to dismiss is WITHDRAWN, and the hearing currently scheduled on the motion is taken off calendar. (Zignago, K.)

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1 2 3 4 5 STEPHEN L. DAVIS (CA State Bar No. 149817) LAW OFFICES OF STEPHEN L. DAVIS 8880 Cal Center Drive, Suite 180 Sacramento, California 95826 Telephone: (916) 362-9000 Fax: (916) 362-9066 E-mail: sdavis@davisandleonard.com Attorneys for Plaintiff Rene Schaub 6 Attorneys for Plaintiff 7 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 9 10 11 12 13 RENE SCHAUB, an individual, for herself and doing business as Pathfinder Inventions, Plaintiff, 14 15 16 17 18 vs. Case No.: 17-cv-2330 TLN GGH STIPULATION TO DISMISS PATENT INFRINGEMENT CLAIM AND COUNTERCLAIM RE PATENT INVALIDITY ORCHARD YARN & THREAD CO., INC., A New York corporation, doing business as LION BRAND YARN COMPANY, Defendant. 19 20 Plaintiff/counterclaim defendant Rene Schaub (“Schaub”) and 21 defendant/counterclaimant Orchard Yarn & Thread Co., Inc., through their counsel 22 of record, hereby stipulate as follows, in response to the filing of 23 defendant/counterclaimant’s counterclaim and motion to dismiss on grounds of 24 improper venue, filed on July 17, 2018: 25 26 27 1. Plaintiff’s third claim for relief for patent infringement shall be dismissed without prejudice. 2. The counterclaim shall be dismissed without prejudice. 28 -1- STIPULATION TO DISMISS CLAIM/COUNTERCLAIM 1 2 3. Defendant’s motion to dismiss is withdrawn, and the hearing currently scheduled on the motion shall be taken off calendar. 3 4 Dated: August 16, 2018 5 LAW OFFICES OF STEPHEN L. DAVIS STAINBROOK & STAINBROOK LLP _/Stephen L. Davis/_____ Stephen L. Davis For Plaintiff Rene Schaub /Craig M. Stainbrook/_________ Craig M. Stainbrook For Defendant Orchard Yarn & Thread Co. 6 7 8 9 10 11 ORDER 12 13 IT IS SO ORDERED. 14 15 Dated: August 20, 2018 16 17 18 Troy L. Nunley United States District Judge 19 20 21 22 23 24 25 26 27 28 -2- STIPULATION TO DISMISS CLAIM/COUNTERCLAIM

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