Symantec Corporation v. RPost Holdings, Inc. et al

Filing 35

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANTS RPOST INTERNATIONAL LIMITED AND RMAIL LIMITED. Signed by Judge Richard Seeborg on 4/29/14. (cl, COURT STAFF) (Filed on 4/30/2014)

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MICHAEL J. SACKSTEDER (CSB No. 191605)
[e-mail]
DAVID D. SCHUMANN (CSB No. 22936)
[e-mail]
LAUREN E. WHITTEMORE (CSB No. 255432)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
Attorneys for Plaintiff
SYMANTEC CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO COURTHOUSE

SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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SYMANTEC CORPORATION,

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Plaintiff,
v.

Case No.: 3:14- 00238 RS
ORDER
STIPULATION OF DISMISSAL OF
DEFENDANTS RPOST
INTERNATIONAL LIMITED AND
RMAIL LIMITED

RPOST HOLDINGS INC., RPOST
COMMUNICATIONS LIMITED, RPOST
INTERNATIONAL LIMITED and
RMAIL LIMITED,
Defendants.
WHEREAS Plaintiff Symantec Corporation filed a Complaint against Defendants RPost

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International Limited and RMail Limited on January 15, 2014 requesting declaratory judgment of

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invalidity and noninfringement of certain RPost patents (D.I. 1.);

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WHEREAS Defendants RPost International Limited and RMail Limited were served
March 29, 2014 (D.I. 23, 24.);
WHEREAS Plaintiff Symantec Corporation filed a First Amended Complaint against

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Defendants RPost International Limited and RMail Limited on April 7, 2014 alleging

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infringement of a Symantec patent and Defendants RPost International Limited and RMail

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Limited have not yet answered the First Amended Complaint (D.I. 27.);

STIPULATED MOTION TO DISMISS

Case No. 3:14- 00238 RS

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WHEREAS counsel for Defendants RPost International Limited and RMail Limited

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represents that Defendants RPost International Limited and RMail Limited have no ownership

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interest in the RPost patents identified in the Complaint and do not make, use, sell, offer for sale,

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or import into the United States the accused products identified in Symantec’s First Amended

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Complaint;

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Symantec

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Corporation and Defendants RPost International Limited and RMail Limited, stipulate that this

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action is hereby dismissed without prejudice as to those Defendants only, with each party to bear

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its own fees and costs.

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IT IS SO STIPULATED.
Dated: April 29, 2014

FENWICK & WEST LLP

SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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By: /s/ Michael J. Sacksteder
Michael J. Sacksteder

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Attorneys for Plaintiff
Symantec Corporation

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Dated: April 29, 2014

HUDNELL LAW GROUP

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By: /s/ Lewis E. Hudnell, III
Lewis E. Hudnell, III

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Attorneys for Defendants
RPost International Limited and RMail Limited

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Filer’s Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of
perjury that concurrence in the filing of the document has been obtained from its signatory.

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Dated: April 24, 2014

Respectfully submitted,

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/s/ Michael J. Sacksteder
Michael J. Sacksteder

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STIPULATED MOTION TO DISMISS

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Case No. 3:14- 00238 RS

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The Court having considered the stipulation of the parties, and good cause appearing
therefor, orders as follows:
1. The action is dismissed without prejudice as against Defendants RPost International
Limited and RMail Limited pursuant to FRCP 41(a)(1)(A).

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2. Each party shall bear their own costs and attorneys’ fees.

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IT IS SO ORDERED.

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4/29/14
Dated: __________________

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__________________________________
Honorable Richard Seeborg
United States District Judge
Northern District of California

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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STIPULATED MOTION TO DISMISS

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Case No. 3:14- 00238 RS