Hastens Sangar AB v. E.S. Kluft & Company, Inc. et al

Filing 28

ORDER DISMISSING CASE. Signed by Judge James Donato on 12/7/2017. (jdlc2S, COURT STAFF) (Filed on 12/7/2017)

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Robert A. Weikert (SBN 121146)
[e-mail]
Aldo E. Ibarra (SBN 268585)
[e-mail]
NIXON PEABODY LLP
One Embarcadero Center, Suite 1800
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
David L. May (Pro Hac Vice Pending)
[e-mail]
NIXON PEABODY LLP
799 9th Street, NW, Suite 500
Washington, DC 20001
Tel: [phone]
Fax: [phone]
Attorneys for Hästens Sängar AB

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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HÄSTENS SÄNGAR AB,

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Plaintiff/Counter-Defendant,

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v.

Case No.: 3:17-cv-01772-JD

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E.S. KLUFT & COMPANY, INC., a
Delaware Corporation; and
KLUFT IPCO, LLC, a Delaware Limited
Liability Company,

STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL WITHOUT
PREJUDICE
Hon. James Donato
United States District Court Judge

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Defendants/Counterclaimants.
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AND RELATED COUNTERCLAIM

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4841-1191-0230.1

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE
(Case No. 3:17-cv-01772-JD)

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Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, and in accordance with a

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settlement reached by and between the Parties to the above-entitled action, which is reflected in a

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confidential written settlement agreement, Plaintiff and Counter-Defendant Hästens Sängar AB

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and Defendants and Counterclaimants E.S. Kluft & Company, Inc. and Kluft IPCO, LLC (the

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“Parties”), by and through their respective counsel of record, hereby stipulate and agree that the

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above-entitled action shall be, and hereby is, DISMISSED WITHOUT PREJUDICE in its

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entirety, including the Counterclaim. Each of the Parties shall bear its own attorneys’ fees and

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costs.

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The Court shall retain jurisdiction to enforce the Parties’ settlement.
IT IS SO STIPULATED.

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Respectfully submitted,
Dated: December 4, 2017

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NIXON PEABODY LLP
/s/ Robert A. Weikert
Robert A. Weikert
Attorneys for Plaintiff and Counter-Defendant
Hästens Sängar AB

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GREENBERG TRAURIG, LLP
Dated: December 4, 2017

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/s/ Nicholas A. Brown
Nicholas A. Brown, Esq.
Attorneys for Defendants and Counterclaimants
E.S. Kluft & Company, Inc. and
Kluft IPCO, LLC

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SIGNATURE ATTESTATION
Pursuant to Civ. L.R. 5-1(i), I hereby attest that all other signatories listed, and on whose
behalf the filing is submitted, concur in this document’s content and have authorized the filing of
this document with the use of their electronic signature.

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NIXON PEABODY LLP
DATED: December 4, 2017
/s/ Robert A. Weikert
Robert A. Weikert
Attorneys for Plaintiff
Hästens Sängar AB

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4841-1191-0230.1

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE
(Case No. 3:17-cv-01772-JD)

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ORDER
Plaintiff and Counter-Defendant Hästens Sängar AB and Defendants and

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Counterclaimants E.S. Kluft & Company, Inc. and Kluft IPCO, LLC, being all of the parties of

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record in this action, having reached a settlement which is reflected in a confidential written

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settlement agreement, and having stipulated by and through their respective counsel of record,

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and the Court having accepted the stipulation of the parties,

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IT IS HEREBY ORDERED that the above-entitled action shall be, and hereby is,
DISMISSED WITHOUT PREJUDICE in its entirety, including the Counterclaim.

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IT IS SO ORDERED.

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NO

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J u d ge J a

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4841-1191-0230.1

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE
(Case No. 3:17-cv-01772-JD)

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mes Do

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________________________________________
UNITED STATES DISTRICTORDERED
COURT JUDGE
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IT IS S
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Dated: ____________________ 2017
December 7

UNIT
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costs, and that the Court shall retain jurisdiction to enforce the settlement.

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IT IS FURTHER ORDERED that each of the parties shall bear its own attorneys’ fees and

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N

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D IS T IC T O
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