Brandywine Communications Technologies, LLC v. Avaya Inc.

Filing 63

ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 11/29/12. (nah, COURT STAFF) (Filed on 11/29/2012)

1 Jonathan D. Baker (Cal. Bar No. 196062)
FARNEY DANIELS LLP

2 411 Borel Avenue, Suite 350
San Mateo, CA 94402

3 Telephone: [phone]
Facsimile: 424-268-5219

4 E-Mail: [e-mail]
5 ATTORNEYS FOR PLAINTIFF
BRANDYWINE COMMUNICTIONS

6 TECHNOLOGIES, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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11 BRANDYWINE COMMUNICATIONS
TECHNOLOGIES, LLC,
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Plaintiff,

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Case No. 4:12-CV-02035-PJH
[PROPOSED] ORDER OF DISMISSAL
WITH PREJUDICE

v.
AVAYA INC.,

Hon. Phyllis J. Hamilton

Defendant.

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On this day, Plaintiff Brandywine Communications Technologies, LLC (“Brandywine”)

19 and Defendant and Counterclaim-Plaintiff Avaya Inc. (“Avaya”) announced to the Court that they
20 have settled Brandywine’s claims for relief against Avaya and Avaya’s counterclaims for relief
21 against Brandywine asserted in this case. Brandywine and Avaya have therefore requested that
22 the Court dismiss Brandywine’s claims for relief against Avaya and Avaya’s counterclaims for
23 relief against Brandywine, with prejudice and with all attorneys’ fees, costs and expenses taxed
24 against the party incurring same. The Court, having considered this request, is of the opinion that
25 their request for dismissal should be granted.
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IT IS THEREFORE ORDERED that Brandywine’s claims for relief against Avaya and

27 Avaya’s counterclaims for relief against Brandywine are dismissed with prejudice. IT IS
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[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

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CASE NO. 4:12-cv-02035-PJH

1 FURTHER ORDERED that all attorneys’ fees, costs of court and expenses shall be borne by each
2 party incurring the same.
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NO

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hyllis
Judge P

ER

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lton

J. Hami

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D
RDERE

Hon. IT IS SJ. Hamilton
Phyllis O O
United States District Judge

FO

, 2012

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Dated: November 29

UNIT
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4 IT IS SO ORDERED.

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[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

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CASE NO. 4:12-cv-02035-PJH