Plantronics Inc v. ALIPH, INC. et al

Filing 8

ORDER DISMISSING CASE without prejudice. Signed by Judge Charles R. Breyer on 11/10/09. (be, COURT STAFF) (Filed on 11/13/2009)

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SAMUEL K. LU (SBN 171969) NATHAN N. LOWENSTEIN (SBN 241067) BRIAN D. KRECHMAN (SBN 254418) IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067-4276 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiff PLANTRONICS, INC.

JAMES POOLEY (SBN 58041) MICHAEL A. JACOBS (SBN 111664) SUSAN V. VAUGHAN (SBN 223576) JONATHAN L. MCFARLAND (SBN 247601) CHRISTOPHER L. ROBINSON (SBN 260778) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] DAVID SCHNAPF (SBN 100199) TOWNSEND & TOWNSEND & CREW LLP Two Embarcadero Center, 8th Floor San Francisco, California 94111-3834 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants ALIPH, INC. and ALIPHCOM, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

PLANTRONICS, INC. Plaintiff v. ALIPH, INC. and ALIPHCOM, INC., Defendants.

Case No. C 09-01843 CRB STIPULATION AND [PROPOSED] ORDER DISMISSING CASE WITHOUT PREJUDICE

STIPULATION AND [PROPOSED] ORDER DISMISSING CASE C 09-01843 CRB
2113162

pa-1354711

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Plaintiff Plantronics, Inc. ("Plantronics"), by and through its undersigned counsel, and Defendants Aliph, Inc. and AliphCom, Inc. (collectively, "Aliph"), by and through their undersigned counsel, submit the following stipulation of dismissal without prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure: WHEREAS, on January 15, 2009, Plantronics filed suit against Aliph in the Eastern District of Texas (case number 6:09-cv-24, the "Texas Action"); WHEREAS, on March 23, 2009, the court granted Aliph's motion to transfer the Texas Action to the Northern District of California; WHEREAS, on April 14, 2009, the Texas Action was transferred to the Northern District of California, and became Case No. 3:09-cv-01714 (the "Judge Breyer Action"); WHEREAS, on April 28, 2009, the Texas Action was erroneously transferred again to the Northern District of California, and became the instant action, Case No. 3:09-cv-01843 (the "Judge James Action"); WHEREAS, on May 5, 2009, the Court issued an order relating the Judge James Action to the Judge Breyer Action; WHEREAS, the parties agree that the Judge James Action was erroneously opened and is duplicative of the Judge Breyer Action; ACCORDINGLY, the parties agree that the Judge James Action (Case No. 3:09-cv01843) should be dismissed without prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, without any effect on the Judge Breyer Action (Case No. 3:09-01714), and request that the Court order the same. IT IS SO STIPULATED.

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pa-1354711

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STIPULATION AND [PROPOSED] ORDER DISMISSING CASE C 09-01843 CRB

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Dated: November 3, 2009

IRELL & MANELLA LLP

By:

/s/ Brian D. Krechman Brian D. Krechman Attorneys for Plaintiff PLANTRONICS, INC.

Dated: November 3, 2009

MORRISON & FOERSTER LLP TOWNSEND & TOWNSEND & CREW LLP

By:

/s/ Susan V. Vaughan Susan V. Vaughan Attorneys for Defendants ALIPH, INC. and ALIPHCOM, INC.

Filer's Attestation: I, Brian D. Krechman, am the ECF user whose identification and password are being used to file this STIPULATION AND [PROPOSED] ORDER DISMISSING CASE. In compliance with General Order 45.X.B, I hereby attest that Susan V. Vaughan concurs in this filing. By: _/s/ Brian D. Krechman______ Brian D. Krechman

PURSUANT TO STIPULATION, IT IS SO ORDERED. Nov. 10 Dated: ___________, 2009

UNIT ED

THE HONORABLE CHARLES R. BREYER United States District Judge

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