Bluestone Innovations Texas LLC vs Epistar Corp et al

Filing 425

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 4/20/15. (tfS, COURT STAFF) (Filed on 4/21/2015)

DAVIS WRIGHT TREMAINE LLP
MARTIN L. FINEMAN, Bar No. 1104413
Email: [e-mail]
505 Montgomery Street, Suite 800
San Francisco, CA 94111
Phone: [phone] / Fax: [phone]
NIRO, HALLER & NIRO
Dean D. Niro (Pro Hac Vice)
Email: [e-mail]
David J. Mahalek (Pro Hac Vice)
Email: [e-mail]
181 West Madison, Suite 4600
Chicago, IL 60602
Phone: [phone] / Fax: [phone]
Attorneys for Bluestone Innovations, LLC
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

BLUESTONE INNOVATIONS, LLC,
Plaintiff,
v.
EPISTAR CORP., ET AL.,
Defendants.

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Case No.: 3:12-cv-00059-SI
STIPULATION AND [PROPOSED]
ORDER DISMISSING DEFENDANTS
NICHIA CORPORATION AND NICHIA
AMERICA CORPORATION

Pursuant to Rules 41(a)(1)(ii) and 41(c) of the Federal Rules of Civil Procedure, Plaintiff
Bluestone Innovations, LLC ("Bluestone") and Defendants Nichia Corporation and Nichia
America Corporation (collectively "Nichia"), by their undersigned attorneys, hereby stipulate
and agree to entry of an order in the form submitted herewith that dismisses all claims brought
by Bluestone against Nichia with prejudice, that dismisses all counterclaims and affirmative
defenses brought by Nichia against Bluestone without prejudice, and that Bluestone and Nichia

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STIPULATION AND [PROPOSED] ORDER DISMISSING
DEFENDANTS NICHIA CORP. AND NICHIA AMERICA CORP. – CASE NO. 3:12-CV-00059-SI

shall each bear its own litigation costs, attorneys' fees, and other expenses arising from or related
to this litigation. The parties respectfully request that this matter be dismissed.

IT IS SO STIPULATED.
Dated: April 17, 2015

NIRO, HALLER & NIRO
By: /s/ David J. Mahalek
DEAN D. NIRO (Admitted Pro Hac Vice)
[e-mail]
DAVID J. MAHALEK (Admitted Pro Hac Vice)
[e-mail]
181 West Madison, Suite 4600
Chicago, IL 60602
Telephone:
312-236-0733
Facsimile:
312-236-3137
Attorneys for Plaintiff
Bluestone Innovations, LLC

Dated: April 17, 2015

PAUL WEISS RIFKIND WHARTON & GARRISON LLP

By: /s/ Kenneth A. Gallo
Kenneth A. Gallo
Diane C. Gaylor
2001 K Street NW
Washington, DC 20006-1047
202-223-7356 (tel)
202-204-7356 (fax)
Catherine Nyarady
Brian P. Egan
Matthew C. Zorn
1285 Avenue of the Americas
New York City, NY 10019-6064
212/373-3000 (tel)
212/757-3990 (fax)
Attorneys for Defendants Nichia Corporation
and Nichia America Corporation

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STIPULATION AND [PROPOSED] ORDER DISMISSING
DEFENDANTS NICHIA CORP. AND NICHIA AMERICA CORP. – CASE NO. 3:12-CV-00059-SI

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

BLUESTONE INNOVATIONS, LLC,
Plaintiff,
v.
EPISTAR CORP., ET AL.,
Defendants.

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Case No.: 3:12-cv-00059-SI
[PROPOSED] ORDER DISMISSING
DEFENDANTS NICHIA
CORPORATION AND NICHIA
AMERICA CORPORATION

Based on the foregoing Stipulation Dismissing With Prejudice Defendants Nichia
Corporation and Nichia America Corporation, and good cause appearing,
IT IS HEREBY ORDERED that Plaintiff Bluestone Innovations, LLC’s claims against
Defendants Nichia Corporation and Nichia America Corporation be dismissed with prejudice,
that Defendants Nichia Corporation and Nichia America Corporation’s affirmative defenses and
counterclaims be dismissed without prejudice, and that each party shall bear its own litigation
costs, attorneys' fees, and other expenses arising from or related to this litigation.

IT IS SO ORDERED.

DATED:

4/20/15

Susan Illston
United States District Judge

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STIPULATION AND [PROPOSED] ORDER DISMISSING
DEFENDANTS NICHIA CORP. AND NICHIA AMERICA CORP. – CASE NO. 3:12-CV-00059-SI

CERTIFICATE OF SERVICE
The undersigned hereby certifies that on April 17, 2015 the foregoing
STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANTS NICHIA
CORPORATION AND NICHIA AMERICA CORPORATION
was filed with the Clerk of Court using the CM/ECF system, which will then send a notification
of such filing to the following counsel of record.
Kenneth A. Gallo
Paul Weiss Rifkind Wharton &
Garrison – DC
[e-mail]
Catherine Nyarady
Paul Weiss Rifkind Wharton
& Garrison – NY
[e-mail]
Brian P. Egan
Paul Weiss Rifkind Wharton
& Garrison - NY
[e-mail]
Diane C. Gaylor
Paul Weiss Rifkind Wharton
& Garrison – DC
[e-mail]
Matthew C. Zorn
Paul Weiss Rifkind Wharton
& Garrison – NY
[e-mail]

I certify that all parties in this case are represented by counsel who are CM/ECF participants.
/s/ David J. Mahalek
Attorney for Plaintiff

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STIPULATION AND [PROPOSED] ORDER DISMISSING
DEFENDANTS NICHIA CORP. AND NICHIA AMERICA CORP. – CASE NO. 3:12-CV-00059-SI