Bender v. Intersil Corporation

Filing 54

ORDER re 53 granting STIPULATION of Dismissal of Claims and Counterclaims with Prejudice. Signed by Judge Claudia Wilken on 2/23/10. (scc, COURT STAFF) (Filed on 2/23/2010)

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Greg L. Lippetz (State Bar No. 154228) [e-mail] Cora L. Schmid (State Bar No. 237267) [e-mail] JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 Attorneys for Defendant INTERSIL CORPORATION

David N. Kuhn (State Bar No. 73389) Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: [phone] E-mail: [e-mail] Attorney for Plaintiff Gregory Bender

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Gregory Bender, Plaintiff, v. Intersil Corporation, Defendant. Case No. C 09-01155 CW (BZ) STIPULATION AND [PROPOSED] ORDER OF DISMISSAL OF CLAIMS AND COUNTERCLAIMS WITH PREJUDICE

Plaintiff Gregory Bender ("Bender") and Defendant and Counterclaimant Intersil Corporation ("Intersil") inform the court that they have reached agreement on the terms of dismissal of the claims and counterclaims in the above-entitled action and hereby submit this Stipulation of Dismissal. Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the parties hereby stipulate to dismiss with prejudice all claims and counterclaims in this action asserted by the parties. The parties stipulate that each party will bear its own costs and attorneys' fees relating to the dismissed claims. SO STIPULATED.

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE
CASE NO. 5:09-01155 CW (BZ)

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SVI-77858v1

Respectfully submitted, Dated: February 19, 2010 Jones Day By: /s/ Gregory Lippetz Greg L. Lippetz State Bar No. 154228 JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900

Counsel for Defendant Intersil Corporation

In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. Dated: February 19, 2010 By: /s/ David Kuhn David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: [phone]

Counsel for Plaintiff Gregory Bender

PURSUANT TO STIPULATION, IT IS SO ORDERED: 2/23 DATED: ______________, 2010

By:

Hon. Claudia Wilkin Wilken United States District Judge

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE
CASE NO. 5:09-01155 CW (BZ)