iCall, Inc. v. Tribair, Inc et al

Filing 46

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Edward M. Chen on 6/12/13. (bpfS, COURT STAFF) (Filed on 6/12/2013)

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1 2 3 4 5 CHARLES CARREON, ESQ. (127139) 2165 S. Avenida Planeta Tucson, Arizona 85710 Tel: 520-841-0835 Fax: 520-843-2083 Email: chas@charlescarreon.com Attorney for Plaintiff iCall, Inc. 10 JOHN C. KIRKE, #175055 SOPHIA E.C. SCHWARTZ, #272915 DONAHUE GALLAGHER WOODS LLP Attorneys at Law 1999 Harrison Street, 25th Floor Oakland, California 94612-3520 P.O. Box 12979 Oakland, California 94604-2979 Telephone: (510) 451-0544 Facsimile: (510) 832-1486 11 Attorneys for Defendants TRIBAIR, INC. and ERIC REIHER 6 7 8 9 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 ICALL, INC., Plaintiff, 17 18 19 20 CASE NO. CV 12-2406 EMC v. STIPULATION OF DISMISSAL OF COMPLAINT AND COUNTERCLAIM PURSUANT TO F.R.Civ.P. 41(a)(1)(A)(ii) TRIBAIR, INC., ERIC REIHER and DOES 1-5, Defendants. 21 22 23 24 25 26 27 28 Pursuant to F.R.Civ.P. 41(a)(2), Plaintiff iCall, Inc. (“Plaintiff”) and Defendants Tribair, Inc. and Eric Reiher (collectively, “Defendants”) and by and through their respective undersigned attorneys, hereby stipulate as follows: WHEREAS, the parties have claims pending against each other, to wit, the First Amended Complaint filed by Plaintiff and the Counterclaim filed by Defendants; WHEREAS, the parties have resolved their disputes by final settlement and desire to dismiss the action in its entirety with prejudice, with the parties to bear their own costs and -1STIPULATION OF DISMISSAL OF COMPLAINT AND COUNTERCLAIM CASE NO. CV 12 2406 1 attorneys fees; 2 THERFORE, IT IS HEREBY STIPULATED that Plaintiff hereby dismisses the entire 3 action with prejudice, including Plaintiff’s First Amended Complaint and Defendants’s 4 Counterclaim, with the parties to bear their own costs and attorneys fees. 5 6 Dated: June 10, 2013 CHARLES CARREON, ESQ. 7 By: /s/Charles Carreon___________ Charles Carreon Attorney for Plaintiff iCall, Inc. 8 9 10 11 Dated: June 10, 2013 DONAHUE GALLAGHER WOODS LLP 12 By: /s/John C. Kirke_________________________ John C. Kirke Attorneys for Defendants TRIBAIR, INC. and ERIC REIHER 13 14 15 IT IS SO ORDERED. All hearings and deadlines are vacated. 17 S DISTRICT TE C __________________________ TA S OO IT IS S 21 n M. Che LI ER A H 24 RT 23 dward Judge E NO 22 D RDERE R NIA 20 Edward M. Chen U.S. District Judge UNIT ED 19 FO 18 RT U O 16 N F D IS T IC T O R C 25 26 27 28 -2STIPULATION OF DISMISSAL OF COMPLAINT AND COUNTERCLAIM CASE NO. CV 12 2406 1 SIGNATURE ATTESTATION 2 Pursuant to Local Rule 5-1(i)(3), I hereby attest that the concurrence in the filing of this 3 document from all the signatories for whom a signature is indicated by a “conformed” 4 signature (/s/) within this e-filed document was obtained and I have on file records to support this 5 concurrence for subsequent production for the court if so ordered or for inspection upon request. 6 7 Dated: June 10, 2013 8 9 By: /s/Charles Carreon Charles Carreon 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION OF DISMISSAL OF COMPLAINT AND COUNTERCLAIM CASE NO. CV 12 2406

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