Oracle USA, Inc. v. XL Global Services, Inc.

Filing 36

STIPULATION AND ORDER DISMISSING CASE WITH PREJUDICE; Each side to bear costs; Signed by Judge Marilyn Hall Patel on 12/18/2009. (awb, COURT STAFF) (Filed on 12/22/2009)

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ROBERT T. SULLWOLD (SBN 88139) JAMES A. HUGHES (SBN 88380) SULLWOLD & HUGHES 235 Montgomery Street, Suite 730 San Francisco, CA 94104 [phone] [phone] FAX DEBORAH K. MILLER (SBN 95527) JEFF S. ROSS (SBN 138172) ORACLE CORPORATION 500 Oracle Parkway, 7th Floor Redwood Shores, CA 94065 [phone] [phone] FAX Attorneys for Plaintiff ORACLE USA, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ORACLE USA, INC., a Colorado Corporation, Plaintiff v. XL GLOBAL SERVICES, INC., a Delaware Corporation, Defendant. AND RELATED COUNTERCLAIM

Case No.: CV 09-0537 MHP STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE PURSUANT TO RULE 41(a)

Pursuant to Federal Rule of Civil Procedure 41(a) and the parties' settlement agreement effective November 18, 2009, the parties, by and through their respective undersigned attorneys, stipulate as follows:
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE PURSUANT TO RULE 41(a) Case No. CV 09-0537 MHP

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1. The Complaint filed by Oracle USA, Inc., and each and every claim set forth therein, shall be dismissed with prejudice. 2. The Counterclaim filed by XL Global Services, Inc., and each and every claim set forth therein, shall be dismissed with prejudice. 3. Oracle USA and XL Global Services each waive all rights to recover costs and attorneys' fees from the other party. SO STIPULATED. DATED: December 17, 2009 JAMES A. HUGHES SULLWOLD & HUGHES By: /S/ James A. Hughes Attorneys for Plaintiff and Counterdefendant ORACLE USA, INC.

DATED: December 17, 2009

SOMMERS & SCHWARTZ LLP By: /S/ Andrew H. Schwartz Attorneys for Defendant and Counterclaimant XL GLOBAL SERVICES, INC.

Filer's Attestation: Pursuant to General Order No. 45, Section X(B), the filer hereby attests that the signatories' concurrence in the filing of this document has been obtained.

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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE PURSUANT TO RULE 41(a) Case No. CV 09-0537 MHP

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ORDER The parties to this action having so stipulated; IT IS ORDERED: (1) The Complaint filed by Oracle USA, Inc. is hereby DISMISSED WITH

(2) The Counterclaim filed by XL Global Services, Inc. is hereby DISMISSED WITH

(3) Each party to this action shall bear its own costs and attorneys' fees.

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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE PURSUANT TO RULE 41(a) Case No. CV 09-0537 MHP

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