Ubiquiti Networks, Inc. v. Kozumi USA Corp. et al

Filing 165

ORDER DIRECTING PARTIES TO CLARIFY ( 162 , 163 STIPULATION. Signed by Judge Claudia Wilken on 10/7/2013. (ndr, COURT STAFF) (Filed on 10/7/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 UBIQUITI NETWORKS, INC., 5 6 7 8 9 No. C 12-2582 CW Plaintiff, ORDER DIRECTING PARTIES TO CLARIFY STIPULATION v. KOZUMI USA CORP. and SHAO WEI HSU, Defendants. ________________________________/ United States District Court For the Northern District of California 10 11 On September 27, 2013, the parties filed a stipulation 12 stating that they had “agreed to settle this action.” 13 162, Stipulation Re: Dismissal, at 1. 14 stipulation, Defendant Kozumi USA Corp. agreed to dismiss its sole 15 counterclaim and Plaintiff Ubiquiti Networks, Inc. agreed to 16 dismiss “all of its claims except for its trademark and copyright 17 infringement claims.” 18 to dismiss these claims, the parties filed a second stipulation 19 asking the Court to enter judgment and issue a permanent 20 injunction. 21 (stating that the “settlement agreement resolves the dispute 22 between the parties”). 23 provides a clear resolution to Plaintiff’s trademark and copyright 24 infringement claims. 25 Id. Docket No. Under the terms of that Shortly after filing the stipulation Docket No. 163, Stipulation Re: Perm. Inj., at 1 Neither of the two stipulations, however, Accordingly, within two days of this order, the parties shall 26 file a brief joint statement clarifying whether or not Plaintiff 27 still intends to pursue its remaining trademark and copyright 28 claims in this action. If so, the Court will not enter the 1 parties’ proposed judgment or issue their proposed permanent 2 injunction at this time. 3 provides that a court may only direct entry of a partial judgment 4 if it “expressly determines that there is no just reason for 5 delay.” 6 parties explain why a partial judgment should be entered before 7 Plaintiff’s trademark and copyright claims have been resolved. 8 Federal Rule of Civil Procedure 54(b) The Court cannot make such a determination here until the IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 11 Dated: 10/7/2013 CLAUDIA WILKEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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