Wangson Biotechnology Group, Inc. v. Tan Tan Trading Co., Inc. et al

Filing 37

STIPULATION AND ORDER, Cathay Chinese Herbs terminated., ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 12/15/08. (lrc, COURT STAFF) (Filed on 12/15/2008)

Case 4:08-cv-04212-SBA

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Filed 12/12/2008

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INTELLECTUAL PROPERTY LAW GROUP LLP 12 South First Street, Twelfth Floor San Jose, California 95113

OTTO O. LEE, SBN 173987 [e-mail] JOHN V. MEJIA, SBN 167806 [e-mail] MARGAUX A. AVIGUETERO, SBN 244767 [e-mail] INTELLECTUAL PROPERTY LAW GROUP LLP 12 South First Street, Twelfth Floor San Jose, California 95113 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff WANGSON BIOTECHNOLOGY GROUP, INC. THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION WANGSON BIOTECHNOLOGY GROUP, INC., Plaintiff, v. TAN TAN TRADING CO., INC, a California Corporation, CATHAY CHINESE HERBS, form unknown, and DOES 1-100, Defendants. Case No.: 4:08-cv-04212-SBA AMENDED STIPULATION OF DISMISSAL OF DEFENDANT CATHAY CHINESE HERBS, WITH PREJUDICE, PURSUANT TO FED. R. CIV. P. 41(a)(1) XXXXXXXX AND [PROPOSED] ORDER

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Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiff Wangson Biotechnology Group, Inc. ("Wangson") and Defendant Cathay Chinese Herbs ("Cathay") hereby stipulate and jointly request that the Court dismiss Wangson's claims against Cathay, with prejudice. Wangson and Cathay jointly declare the following in support of this request: WHEREAS the above-captioned action (the "Action") was commenced on September 5, 2008 and Wangson served its original Complaint on Cathay on September 12, 2008. WHEREAS Wangson and Cathay have entered into a settlement agreement on October 25, 2008, resolving all of the claims against Cathay in the Action. NOW THEREFORE, IT IS HEREBY STIPULATED and agreed by Wangson and Cathay, and through their counsel of record, that Wangson's claims against Cathay be dismissed with -1Amended Stipulation of Dismissal of Defendant Cathay Chinese Herbs, With Prejudice, Pursuant to Fed. R. Civ. P. 41(a)(1) and [Proposed] Order Case No.: 4:08-cv-04212-SBA

Case 4:08-cv-04212-SBA

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INTELLECTUAL PROPERTY LAW GROUP LLP 12 South First Street, Twelfth Floor San Jose, California 95113

prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. In accordance with the Agreement, Wangson and Cathay also request that this Court retain and have exclusive jurisdiction over Wangson and Cathay with respect to disputes arising under the Agreement, and further agree that any such disputes arising under the Agreement shall be heard before a Magistrate Judge. IT IS FURTHER STIPULATED and agreed by Wangson and Cathay, and through their counsel of record, that Wangson and Cathay are to bear its own costs and attorneys' fees.

IT IS SO STIPULATED. Dated: December 12, 2008 INTELLECTUAL PROPERTY LAW GROUP LLP By: /s/ Otto O. Lee Otto O. Lee John V. Mejia Margaux A. Aviguetero Intellectual Property Law Group LLP 12 S. First St., 12th Floor San Jose, California 95113 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff WANGSON BIOTECHNOLOGY GROUP, INC. Dated: December 12, 2008 LAW OFFICES OF RICHARD C.J. WAHNG By: /s/ Richard C. J. Wahng Richard C. J. Wahng Law Offices of Richard C. J. Wahng 152 Anza Street, Suite 201 Fremont, California 94539 Tel: [phone] Fax: [phone] [e-mail] Attorney for Defendant CATHAY CHINESE HERBS -2Amended Stipulation of Dismissal of Defendant Cathay Chinese Herbs, With Prejudice, Pursuant to Fed. R. Civ. P. 41(a)(1) and [Proposed] Order Case No.: 4:08-cv-04212-SBA

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Case 4:08-cv-04212-SBA

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INTELLECTUAL PROPERTY LAW GROUP LLP 12 South First Street, Twelfth Floor San Jose, California 95113

ORDER Having considered Plaintiff Wangson Biotechnology Group, Inc.'s and Defendant Cathay Chinese Herb's Amended Stipulation of Dismissal of Defendant Cathay Chinese Herbs, with Prejudice, Pursuant to Fed. R. Civ. P. 41(a)(1) ("Amended Stipulation of Dismissal"), and for good cause appearing, it is hereby ORDERED that this Action is dismissed with prejudice as to Defendant Cathay Chinese Herbs. IT IS FURTHER ORDERED that the Court shall retain and have exclusive jurisdiction over Plaintiff Wangson Biotechnology Group, Inc. and Defendant Cathay Chinese Herbs with respect to disputes arising under the Agreement, and any such disputes arising under the Agreement shall be heard before a Magistrate Judge. IT IS FURTHER ORDERED that Plaintiff Wangson Biotechnology Group, Inc. and Defendant Cathay Chinese Herbs bear their own attorneys' fees and costs.

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Dated: 12/15/08

_______________________________________ THE HON. SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE

-3Amended Stipulation of Dismissal of Defendant Cathay Chinese Herbs, With Prejudice, Pursuant to Fed. R. Civ. P. 41(a)(1) and [Proposed] Order Case No.: 4:08-cv-04212-SBA

Case 4:08-cv-04212-SBA

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INTELLECTUAL PROPERTY LAW GROUP LLP 12 South First Street, Twelfth Floor San Jose, California 95113

CERTIFICATE OF SERVICE I certify that on December 12, 2008, the foregoing document was filed electronically in compliance with Civil Local Rule 5-4 and General Order 45. As such, this document was served on all counsel who are deemed to have consented to electronic service.

By:

/s/ Margaux A. Aviguetero Margaux A. Aviguetero

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4Amended Stipulation of Dismissal of Defendant Cathay Chinese Herbs, With Prejudice, Pursuant to Fed. R. Civ. P. 41(a)(1) and [Proposed] Order Case No.: 4:08-cv-04212-SBA