Nexsales Corporation v. Salebuild, Inc.

Filing 39

STIPULATION AND ORDER OF DISMISSAL re 38 STIPULATION WITH PROPOSED ORDER Dismissing Case with Prejudice filed by Nexsales Corporation. Signed by Judge EDWARD M. CHEN on 4/10/12. (bpf, COURT STAFF) (Filed on 4/10/2012)

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1 2 3 4 5 6 7 8 Nick Heimlich (SBN 233232) Law Offices of Nicholas D. Heimlich 900 Lafayette Street, Suite 509 Santa Clara, CA 95050 Tel: (408) 457-9364 Fax: (408) 841-7630 Eml: nick@nickheimlichlaw.com Alan Heimlich (SBN 213390) HEIMLICH LAW 900 Lafayette St., Ste 509 Santa Clara, CA 95050 Tel: (408)253-3860 Fax: (408)257-9904 Eml: alanheimlich@heimlichlaw.com 9 10 11 12 13 14 15 Attorneys for Plaintiff NEXSALES CORPORATION DYLAN J. LIDDIARD, State Bar No. 203055 ANTHONY J WEIBELL, State Bar No. 238850 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 E-mail: dliddiard@wsgr.com;aweibell@wsgr.com 16 17 Attorneys for Defendant SALEBUILD, INC. 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 20 21 22 23 24 25 26 NEXSALES CORPORATION, Plaintiff, vs. Case No. C 11-3915 EMC STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE SALEBUILD, INC., and DOES 1-100, INCLUSIVE, Defendants. Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, and pursuant to a 27 settlement reached on or about April 5, 2012 by and between the parties, NexSales Corporation, 28 Plaintiff and Salebuild, Inc., Defendant, to the above-entitled action which is reflected in a written ______________________________________ STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE 1 settlement agreement, by and through their counsel of record, hereby stipulate and agree that the 2 above-entitled action shall be, and hereby is, DISMISSED WITH PREJUDICE. The parties 3 further stipulate that each of the parties shall bear its own attorneys’ fees and costs. The Court 4 shall retain jurisdiction to enforce the settlement. 5 IT IS SO STIPULATED. 6 7 Respectfully submitted, DATE: 04/09/2012 LAW OFFICES OF NICHOLAS D. HEIMLICH 8 9 By _/s/ Nick Heimlich_________________________ Nick Heimlich 10 Attorneys for Plaintiff NexSales Corporation 11 12 DATE: 04/09/2012 HEIMLICH LAW 13 14 By_____/s/ Alan Heimlich_____________________ Alan Heimlich 15 Attorneys for Plaintiff NexSales Corporation 16 17 DATE: 04/09/2012 WILSON SONSINI GOODRICH & ROSATI 18 19 20 21 By __/s/ Anthony Weibell______________________ Anthony Weibell (signed by Nick Heimlich per email authorization dated 04/09/2012) 22 Attorneys for Defendant Salebuild, Inc. 23 24 25 26 27 28 ______________________________________ STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE 1 ORDER Plaintiff NexSales Corporation, and Salebuild, Inc., Defendant, being all of the parties of 2 3 record in this action, having reached a settlement which is reflected in a written settlement 4 agreement as stated by the parties through their counsel, and having stipulated by and through 5 their counsel of record, and the Court having accepted the stipulation of the parties, IT IS HEREBY ORDERED that the above-entitled action shall be, and hereby is, 6 DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that each of the parties shall bear its own attorneys’ fees and 8 costs. 10 IT IS FURTHER ORDERED that the Court shall retain jurisdiction to enforce the settlement. 12 IT IS SO ORDERED. 13 S UNITED STATES DISTRICT COURT JUDGE dward Judge E ER H 19 RT 18 RDERE OO IT IS S NO 17 _______________________________________ D R NIA 16 UNIT ED 15 4/10/12 RT U O Dated: 14 S DISTRICT TE C TA 20 n M. Che FO 11 LI 9 A 7 N F D IS T IC T O R 21 22 23 24 25 26 27 28 ______________________________________ STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE C

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