A&C Catalysts, Inc. v. Raymat Materials, Inc.

Filing 155

DECISION RE TERMS OF DISMISSAL; STIPULATED DISMISSAL WITH PREJUDICE; AND ORDER by Judge Alsup. Terminating 117 ; 146 ; 150 . (whalc1, COURT STAFF) (Filed on 3/24/2015)

2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

A&C CATALYSTS, INC.,

Case No. 14-cv-04122-WHA (DMR)

Plaintiff,
8
v.

9
10

RA YMAT MATERIALS, INC.,

DECISION RE TERMS OF DISMISSAL;
STIPULATED DISMISSAL WITH
PREJUDICE; AND PROPOSED ORDER

Defendant.
11
t
;::s

Cl;$

......

E

0~
u ......
.g u
......

-

12
On March 9, 2015, I conducted a settlement conference in this matter. A&C Catalysts,

13

Cl;$

14

Inc. and Raymat Materials, Inc., ("the parties") through their duly authorized representatives and

15

with the assistance of counsel, reached a full and confidential resolution of the case. I stated the

...... Cl

16

material and essential terms of the agreement on the record, and the parties confinned their

0
.-<;::::
~
~

17

agreement to those tenns. One of the terms required the parties to file a dismissal of this case, and

18

all claims against each other, with prejudice by no later than March 16, 2015. Subsequently, on

19

March 12,2015, Judge Alsup ordered the parties to file a stipulation of dismissal by March 17,

20

2015.

.....,'+-<
en 0

Qt)
en ·c
0 ......
.....,
Cl;$

en

......

~ E
0
...c:
t
0
z

21

The parties did not file a stipulated dismissal. Instead, they launched into a disagreement

22

about the terms of such a dismissal. On March 24, 2015, I convened another settlement

23

conference. The pmiies agreed to engage in settlement discussions for one hour in an attempt to

24

jointly hammer out the terms of a stipulated dismissal. The parties further agreed that if they were

25

not able to do so, they would vest me with the full authority to decide the tenns of a stipulated

26

dismissal. They agreed that my decision would be fully binding, enforceable, and not subject to

27

further review.

28

Following one hour of settlement discussions, the parties were not able to reach an

agreement. Therefore, through the authority vested in me by both parties, I now state the tenns of
2

the dismissal, to which the parties have agreed to stipulate:

3

1. The parties dismiss all claims against each other in this action with prejudice.

4

2. The parties request that Judge Alsup enter an order rescinding his December 30, 2014

5

order that A&C Catalysts hold $150,000 in escrow for Raymat Materials, Inc. [Docket 111

6

at 16:1-2]

7

3. The parties request that Judge Alsup enter an order rescinding any previous order enjoining

8

A&C Catalyst from using proprietary infonnation obtained from Raymat Material, Inc.

9

regarding the production ofN'-Lauroyl-L-lysine ("LL"), including the injunction in Judge

10
11
C\l
t:: ......
;=j

a

oc£
u ...
......

-

12

Alsup's December 30, 2014 order [Docket 111 at 16:20-21].
4. The parties will not ask Judge Alsup to seal any proprietary information regarding LL that
is contained in the record in this case.

13

C\l

.g u
0
00
·~

..._.<;......

14

Dated: March 24,2015

rZJ

rZJ

15

Bon. Donna M. Ryu
United States Magistrate Judge

v ......
......
rZJ
C\l ......
+->Q

16

.~

...c:

17

So stipulated.

;::::J

0

18

Dated: March 24, 2015

~
v

a
v

c t::

z

19
20
21
22
23
24
25
26
27
28
2

[PROPOSED] ORDER
1
2
3

1. This case is dismissed with prejudice.
2. Any previous order requiring A&C Catalysts to hold $150,000 in escrow for Raymat

4
5

Materials, Inc. is now rescinded.
3. Any previous order enjoining A&C Catalyst from using proprietary infonnation obtained

6

from Raymat Material, Inc. regarding the production ofN'-Lauroyl-L-lysine ("LL"), is now

7
8

rescinded.
4. All proprietary infonnation regarding LL that is in the record in this case shall remain

9

unsealed.

10

lj)

.....,

0

en

lj)

2
lj)

0
z

18

illi
Judge W

ER

H

;:::J

17

p

am Alsu

RT

c ..c
t::

-~

16

O ORD D
IT IS S
DIFIE
AS MO

NO

cd · U)Cl

'"0

15

......

Hon. William H. Alsup
United States District Judge
ERED

R NIA

rn

14

19
20
21
22
23
24
25
26
27
28
3

FO

en

13

S DISTRICT
TE
C
TA

LI

·- ·c
Clt)

March 24, 2015.

S

-

Dated:

RT
U
O

oc.S
u ·...... cd
.g u
.._.4-;

12

UNIT
ED

cd

t:: ·;:3 2

5. This order terminates docket numbers 117, 146, and 150.
This file is closed.

A

11

N

D IS T IC T
R

OF

C