Trace-Wilco, Inc. v. Symantec Corporation

Filing 152

ORDER dismissing certain defts. (tf, COURT STAFF) (Filed on 9/8/2009)

Case3:09-cv-00810-SI Document151

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SPENCER HOSIE (CA Bar No. 101777) BRUCE WECKER (CA Bar No. 078530) GEORGE F. BISHOP (CA Bar No. 89205) HOSIE RICE LLP 188 The Embarcadero, Suite 750 San Francisco, CA 94105 Phone: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] RAYMOND P. NIRO (Pro Hac Vice) DINA M. HAYES (Pro Hac Vice) LEE F. GROSSMAN (Pro Hac Vice) NIRO, SCAVONE, HALLER & NIRO 181 W. Madison St., Suite 4600 Chicago, Illinois 60602 Phone: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiff Trace-Wilco, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) TRACE-WILCO INC. Plaintiff, v. SYMANTEC CORPORATION, CISCO SYSTEMS, INC., MCAFEE, INC., and GOOGLE INC. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:09 CV 00810 SI STIPULATED ORDER OF DISMISSAL WITH RESPECT TO DEFENDANT CISCO SYSTEMS, INC. Honorable Susan Illston

24 25 26 27 28 The above-styled civil action (the "Civil Action") has come before the Court, upon the pleadings and proceedings of record, and it has been represented to the Court that Plaintiff, TraceWilco Inc. ("Trace-Wilco"), and Defendant, Cisco Systems, Inc. ("Cisco"), have entered into a Settlement Agreement ("Agreement") and have agreed to a compromise and settlement of this Civil 1 STIPULATED ORDER OF DISMISSAL WITH RESPECT TO DEFENDANT CISCO SYSTEMS INC.

CV-09-00810 SI

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Action and all claims, defenses and counterclaims that were or could have been brought in this Civil Action. WHEREFORE, with the consent of the above-identified parties, through their undersigned attorneys, and with the approval of this Court, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. 2. The Court has jurisdiction over the parties and the subject matter of this Civil Action. All claims, defenses and counterclaims that were or could have been made between

Trace-Wilco and Cisco in this Civil Action are hereby dismissed with prejudice. 3. Trace-Wilco has not released and nothing in this Order shall be construed as a release

or discharge of any claim Trace-Wilco has made against any remaining defendant in this Civil Action. 4. 5. Trace-Wilco and Cisco shall each bear their own costs and attorneys' fees. The Court shall retain exclusive jurisdiction over Trace-Wilco and Cisco for the

purpose of resolving any disputes relating to or to enforce the terms of the Agreement or any related action to enforce this Stipulated Order.

SO ORDERED: Dated: ________________________ _________________________________ Hon. Judge Susan Illston

2 STIPULATED ORDER OF DISMISSAL WITH RESPECT TO DEFENDANT CISCO SYSTEMS INC.

CV-09-00810 SI