Netlist, Inc v. Smart Modular Technologies, Inc

Filing 198

ORDER DISMISSING DEFENDANT SMART WORLDWIDE HOLDINGS, INC. ONLY WITH PREJUDICE re 197 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE filed by Smart Worldwide Holdings Inc, Smart Worldwide Holdings Inc terminated.. Signed by Judge Yvonne Gonzalez Rogers on 4/15/14. (fs, COURT STAFF) (Filed on 4/15/2014)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7

OAKLAND DIVISION

8

NETLIST, INC.

9
10
11
12
13

Plaintiff,

Case No. 4:13-cv-05889-YGR
ORDER GRANTING
JOINT STIPULATION OF DISMISSAL
WITHOUT PREJUDICE

v.
SMART STORAGE SYSTEMS, INC.,
SMART WORLDWIDE HOLDINGS, INC.
and DIABLO TECHNOLOGIES, INC.
Defendants.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION OF
DISMISSAL WITHOUT PREJUDICE

Case No. 4:13-cv-05889-YGR

1

Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff Netlist, Inc. and Defendant

2

SMART Worldwide Holdings, Inc.,1 by and through their counsel, stipulate and agree to the

3

following:

4

1)

to dismissal of all claims against SMART Worldwide without prejudice;

5

2)

to withdrawal of SMART Worldwide’s Motion to Dismiss under Federal Rules of

6

Civil Procedure 12(b)(2) and 12(b)(6), without prejudice to re-file (SMART

7

Worldwide has not answered, and so has not asserted any counterclaims or

8

affirmative defenses); and

9

3)

that each party will bear its own costs and attorneys’ fees.

10
11

ORDER

12

PURSUANT TO STIPULATION, IT IS SO ORDERED. Defendant SMART

13
14

Worldwide Holdings, Inc. ONLY is dismissed without prejudice from this action.
This order terminates Docket No. 183.

15
16

DATED: April 15, 2014

17

By:___________________________________
UNITED STATES DISTRICT JUDGE
YVONNE GONZALEZ ROGERS

18
19
20
21
22
23
24
25
26
27
28

1 SMART Worldwide makes this stipulation as a special appearance and does not

concede that the Court has personal jurisdiction over it.
JOINT STIPULATION OF
DISMISSAL WITHOUT PREJUDICE

1

Case No. 4:13-cv-05889-YGR