Prime 3 Group, LLC v. SolFocus, Inc.

Filing 24

STIPULATION AND ORDER re 23 Stipulation filed by Prime 3 Group, LLC, 14 MOTION to Dismiss Counts One, Two, Four and Nine of the Complaint filed by SolFocus, Inc., Motions terminated: 14 MOTION to Dismiss Counts One, Two, Four and Nine of the Complaint filed by SolFocus, Inc... Signed by Judge Edward M. Chen on 9/19/11. (bpf, COURT STAFF) (Filed on 9/19/2011)

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1 2 3 Peter M. Hart, (State Bar No 107920) LECLAIRRYAN, LLP 44 MONTGOMERY STREET, 18TH FLOOR SAN FRANCISCO, CALIFORNIA 94104-4705 TELEPHONE: (415) 391-7111 TELEFAX: (415) 391-8766 4 5 Attorneys for Plaintiff PRIME 3 GROUP, LLC 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO 11 PRIME 3 GROUP, LLC Case No.:3-11-03072 EMC 12 Plaintiff, STIPULATION OF DISMISSAL AND ORDER THEREON 13 v. 14 SOLFOCUS, INC. 15 Defendant. 16 IT IS HEREBY STIPULATED, by and between the parties to this action, as 17 18 19 20 21 22 follows: 1. The Second Claim for Relief alleging violation of the Virginia Uniform Trade Secrets Act is DISMISSED WITHOUT PREJUDICE. 2. The First Claim for Relief alleging fraud in the inducement, the Fourth Claim for Relief alleging conversion, and The Ninth Claim for Relief alleging unfair business 23 practices in violation of Cal. Bus. & Prof. C. § 17200 et seq. are DISMISSED WITHOUT 24 25 PREJUDICE, provided however that this dismissal is without prejudice as to plaintiff’s ability 26 to seek leave of Court to amend the Complaint to reintroduce any or all of these counts upon a 27 sufficient showing that discovery in this action has established a nucleus of facts, separate and 28 1 STIPULATION OF DISMISSAL AND ORDER THEREON U.S.D.C Case No. Civ. 3-11-03072 EMC 1 distinct from those alleged in support of plaintiff’s claim of misappropriation of trade secrets in 2 violation of the California Uniform Trade Secrets Act, to support such previously-dismissed 3 cause of action. 4 DATED: September 16, 2011 LECLAIRRYAN, LLP 5 6 BY: ___/S/__________________________________ PETER M. HART Counsel for Plaintiff PRIME 3 GROUP, LLC 7 8 9 10 DATED: September 16, 2011 Heffernan Seubert & French LLP 11 12 BY: __/S/___________________________________ WILLIAM J. FRIMEL Counsel for Defendant SOLFOCUS, INC. 15 IT IS HEREBY ORDERED: 16 9/19 DATED: ______________________, 2011 Motion #14 set for 9/30/11 at 1:30 p.m. is hereby vacated. 20 RT 22 IT IS S DIFIED AS MO ard M. NO 21 _____________________________ Hon. Edward M. Chen D Judge ofO ORDERE Court the U.S. District dw Judge E ER Chen A H 23 R NIA 19 UNIT ED 18 RT U O S 17 S DISTRICT TE C TA FO 14 LI 13 N 24 F D IS T IC T O R C 25 26 27 28 2 STIPULATION OF DISMISSAL AND ORDER THEREON U.S.D.C Case No. Civ. 3-11-03072 EMC

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