Codexis, Inc. v. Codex DNA, Inc.

Filing 172

ORDER APPROVING STIPULATION OF VOLUNTARY DISMISSAL. Signed by Judge Maxine M. Chesney on April 25, 2022. (mmclc1, COURT STAFF) (Filed on 4/25/2022)

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LATHAM & WATKINS LLP
Perry J. Viscounty (Bar No. 132143)
[e-mail]
Gabriel S. Gross (Bar No. 254672)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, California 94111
415.391.0600
LATHAM & WATKINS LLP
Jake Ryan (Bar No. 211899)
[e-mail]
12670 High Bluff Drive
San Diego, California 92130
858.523.5400
Attorneys for Plaintiff
CODEXIS, INC.
MANNING CURTIS BRADSHAW & BEDNAR
PLLC
Alan C. Bradshaw
[e-mail]
Chad Derum
[e-mail]
Trevor Lee
[e-mail]
South Temple Tower
163 East South Temple, Suite 1300
Salt Lake City, UT 84111
801.363.5678
Attorneys for Defendant
CODEX DNA, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CODEXIS, INC., a Delaware corporation,

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Plaintiff,
v.
CODEX DNA, INC., a Delaware corporation,
Defendant.

CASE NO. 3:20-CV-03503-MMC
STIPULATION AND [PROPOSED]
ORDER OF VOLUNTARY DISMISSAL
Judge: Hon. Maxine M. Chesney

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ATTORNEYS AT LAW
SAN FRANCISCO

CASE NO. 3:20-CV-03503-MMC
STIPULATION AND [PROPOSED] ORDER OF
VOLUNTARY DISMISSAL

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Plaintiff Codexis, Inc. (“Codexis”) and Defendant Codex DNA, Inc. (“Codex DNA”)

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(each, a “Party,” and collectively, the “Parties”), by and through their respective counsel, hereby

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stipulate and agree that, in accordance with the Parties’ settlement agreement (the “Settlement

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Agreement”), the above-captioned action shall be dismissed in its entirety with prejudice, subject

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to the following terms:

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1.

The Parties stipulate and agree to submit to the continuing jurisdiction of the U.S.

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District Court for the Northern District of California (the “Court”), and in particular to the

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continuing jurisdiction of Magistrate Judge Joseph C. Spero, who shall have ongoing plenary

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authority to enforce the Settlement Agreement upon motion by either Party.

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2.

With respect to all disputes arising out of or relating to the Settlement Agreement,

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the Parties voluntarily consent to the jurisdiction of a magistrate judge for all purposes pursuant

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to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73, and any appeal of all decisions of

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the magistrate judge will be to the Ninth Circuit Court of Appeals.

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3.

The Parties further stipulate and agree that they will not challenge, object, or

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otherwise dispute the Court’s or Magistrate Judge Joseph C. Spero’s authority and jurisdiction to

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conduct any further proceeding to enforce the Settlement Agreement.

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IT IS SO STIPULATED.

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Respectfully submitted,
DATED: April 25, 2022
Latham & Watkins LLP

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By:

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DATED: April 25, 2022

Manning Curtis Bradshaw & Bednar PLLC

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ATTORNEYS AT LAW
SAN FRANCISCO

/s/ Perry J. Viscounty
Perry J. Viscounty
Attorney for Plaintiff Codexis, Inc.

By:

/s/ Alan C. Bradshaw
Alan C. Bradshaw
Attorney for Defendant Codex DNA, Inc.
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CASE NO. 3:20-CV-03503-MMC
STIPULATION AND [PROPOSED] ORDER OF
VOLUNTARY DISMISSAL

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Attestation: Pursuant to L.R. 5-1(h)(3), I hereby attest that all other signatories listed,

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and on whose behalf this filing is submitted, concur in this filing’s content and have authorized

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this filing.
/s/ Perry J. Viscounty
Perry J. Viscounty

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: April 25, 2022
_______________________________
________________________________________
H
THE HONORABLE MAXINE M. CH
CHESNEY
UNITED STATES DISTRICT JUDGE

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ATTORNEYS AT LAW
SAN FRANCISCO

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CASE NO. 3:20-CV-03503-MMC
STIPULATION AND [PROPOSED] ORDER OF
VOLUNTARY DISMISSAL