Sunpower Corporation Systems v. Sunlink Corporation

Filing 128

STIPULATION AND ORDER DISMISSING CASE with Prejudice. Signed by Judge Saundra Brown Armstrong, on 10/26/09. (lrc, COURT STAFF) (Filed on 10/26/2009) Modified on 10/27/2009 (jlm, COURT STAFF).

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Frank E. Scherkenbach, (CAB # 142549; [e-mail]) Fish & Richardson P.C. 225 Franklin Street Boston, MA 02110-2804 Telephone: [phone] Facsimile: [phone] Howard G. Pollack (CAB # 162897; [e-mail]) Craig R. Compton (CAB # 215491; [e-mail]) Robert J. Kent (CAB # 250905; [e-mail]) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counter-defendant SUNPOWER CORPORATION, SYSTEMS Michael H. Page (CAB # 154913; mpage@[e-mail]) Daralyn J. Durie (CAB # 169825; ddurie@[e-mail]) DURIE TANGRI LLP 332 Pine Street, Suite 200 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counter-claimant SUNLINK CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) SUNPOWER CORPORATION, SYSTEMS, a Delaware corporation, vs. Plaintiff and Counter-defendant, Case No. CV 08-2807 SBA (EMC) STIPULATED DISMISSAL OF CLAIMS AND COUNTERCLAIMS AND [PROPOSED] ORDER PATENT CASE

SUNLINK CORPORATION, a Delaware Corporation, Defendant and Counter-claimant.

STIPULATED DISMISSAL OF CLAIMS AND COUNTER CLAIMS AND [PROPOSED] ORDER Case No. CV 08-2807 SBA (EMC)

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Pursuant to the parties' October 6, 2009 settlement agreement, Plaintiff SunPower Corporation, Systems and Defendant SunLink Corporation, by and through their undersigned counsel of record, hereby stipulate and move for an order dismissing the above-captioned case, including all claims and counterclaims, with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii). The parties further stipulate that each party shall be responsible for its own costs and attorneys fees related to this action. The parties further stipulate and respectfully request that a Magistrate Judge of this Court retain jurisdiction to enforce the terms and conditions of the parties' October 6, 2009 settlement agreement resolving this matter. Dated: October 26, 2009 FISH & RICHARDSON P.C. By: /s/ Craig R. Compton Craig R. Compton Attorneys for Plaintiff and Counter-defendant SUNPOWER CORPORATION, SYSTEMS Dated: October 26, 2009 DURIE TANGRI LLP By: /s/ Daralyn J. Durie Craig R. Compton Attorneys for Defendant and Counter-claimant, SUNLINK CORPORATION DECLARATION Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Daralyn J. Durie. Dated: October 26, 2009 FISH & RICHARDSON P.C. By: /s/ Craig R. Compton Craig R. Compton Attorneys for Plaintiff and Counter-defendant SUNPOWER CORPORATION, SYSTEMS 2
STIPULATED DISMISSAL OF CLAIMS AND COUNTER CLAIMS AND [PROPOSED] ORDER Case No. CV 08-2807 SBA (EMC)

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50677113.doc

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED that all claims and counterclaims in this case are dismissed with prejudice and that a Magistrate Judge of this Court shall retain jurisdiction to enforce the terms and conditions of the parties' October 6, 2009 settlement agreement.

Dated: _10/26/09 Hon. Saundra Brown Armstrong United States District Court Judge

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STIPULATED DISMISSAL OF CLAIMS AND COUNTER CLAIMS AND [PROPOSED] ORDER Case No. CV 08-2807 SBA (EMC)

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50677113.doc

CERTIFICATE OF SERVICE The undersigned hereby certifies that on October 26, 2009, all counsel of record who are deemed to have consented to electronic service are being served with a copy of the STIPULATED DISMISSAL OF CLAIMS AND COUNTERCLAIMS AND [PROPOSED] ORDER via the Court's CM/ECF system per Local Rule 5-4 and General Order 45. Any other counsel of record will be served by first class mail. /s/ Craig R. Compton_________________ Craig R. Compton

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STIPULATED DISMISSAL OF CLAIMS AND COUNTER CLAIMS AND [PROPOSED] ORDER Case No. CV 08-2807 SBA (EMC)