Continental D.I.A. Diamond Products, Inc. v. Dong Young Diamond Industrial Co., Ltd. et al

Filing 133

Order Dismissing Defendants Fifth and Seventh Causes of Action Asserted in Their Amended Counterclaims With Prejudice by Continental D.I.A. Diamond Products, Inc (ts, COURT STAFF) (Filed on 8/10/2009)

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Case3:08-cv-02136-SI Document128 Filed08/07/09 Page1 of 2 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. CV 08-2136 SI STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANTS' FIFTH AND SEVENTH CAUSES OF ACTION ASSERTED IN THEIR AMENDED COUNTERCLAIMS WITH PREJUDICE 11 CONTINENTAL D.I.A. DIAMOND 12 PRODUCTS, INC., a California corporation, 13 14 15 vs. Plaintiff, DONG YOUNG DIAMOND INDUSTRIAL 16 CO., LTD., a South Korean company, DONGSOO LEE, an individual, and DOES 117 10, inclusive, 18 19 20 21 22 Defendants. AND RELATED COUNTERCLAIMS. Judge: Honorable Susan Illston Complaint Filed: Trial Date: April 24, 2008 February 16, 2010 Continental D.I.A. Diamond Products, Inc. ("Continental") and Dong Young Diamond 23 Industrial Co., Ltd. and DongSoo Lee (collectively "Defendants"), by and through their undersigned 24 counsel, hereby stipulate that the following counterclaims asserted by Defendants against 25 Continental in their Amended Counterclaims (Dkt. No. 113) are hereby dismissed with prejudice: 26 1. The Fifth Cause of Action for Intentional Interference with Prospective Economic 27 Advantage and Punitive Damages; and 28 2. The Seventh Cause of Action for Commercial Defamation. -1- STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANTS' FIFTH AND SEVENTH CAUSES OF ACTION ASSERTED IN THEIR AMENDED COUNTERCLAIMS WITH PREJUDICE; CASE NO.: CV 08-2136 SI Case3:08-cv-02136-SI Document128 Filed08/07/09 Page2 of 2 1 Continental and Defendants further stipulate that Defendants will file a further amended 2 counterclaim removing these causes of action and the allegations related thereto within ten (10) 3 court days of the Court's entry of dismissal. Defendants will provide Continental with a proposed 4 amended counterclaim for review before filing. 5 6 7 Dated: August 7, 2009 8 9 10 11 12 13 14 15 16 17 18 19 20 Dated: ________________________ 21 22 23 24 25 26 27 28 4685976v.1 IT IS SO STIPULATED BY THE PARTIES. MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. /s/ Jeffrey M. Ratinoff By: JEFFREY M. RATINOFF Attorneys for Plaintiff and Counter-Defendant, Continental D.I.A. Diamond Products, Inc. Dated: August 7, 2009 PRETI FLAHERTY BELIVEAU & PACHIOS, LLP /s/ Alfred C. Frawley By: ALFRED C. FRAWLEY Attorneys for Defendants and Counterclaimants, Dong Young Diamond Industrial Co., Ltd., and DongSoo Lee PURSUANT TO STIPULATION, IT IS SO ORDERED. THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE -2STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANTS' FIFTH AND SEVENTH CAUSES OF ACTION ASSERTED IN THEIR AMENDED COUNTERCLAIMS WITH PREJUDICE; CASE NO.: CV 08-2136 SI

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