Netlist, Inc v. Smart Modular Technologies, Inc

Filing 368

STIPULATION AND ORDER re 367 Stipulation filed by Diablo Technologies Inc, Netlist Inc, ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 11/9/18. (fs, COURT STAFF) (Filed on 11/9/2018)

1
2
3
4
5
6
7
8
9

Thomas J. Wimbiscus (Pro Hac Vice)
[e-mail]
Gregory C. Schodde (Pro Hac Vice)
[e-mail]
Ronald H. Spuhler (Pro Hac Vice)
[e-mail]
Wayne H. Bradley (Pro Hac Vice)
[e-mail]
McANDREWS, HELD & MALLOY, LTD.
500 West Madison Street, 34th Floor
Chicago, Illinois 60661
312-775-8000
312-775-8100 - Facsimile
Attorneys for Plaintiff
NETLIST, INC.

10
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

11
12
13
14
15
16
17
18

NETLIST, INC.,

CASE NO. 4:13-CV-05889-YGR

Plaintiff,

JOINT STIPULATION OF DISMISSAL
WITHOUT PREJUDICE

ORDER GRANTING

v.
SMART STORAGE SYSTEMS, INC.,
DIABLO TECHNOLOGIES, INC., and
SANDISK CORPORATION
Defendants.

19
20
21
22
23
24
25
26
27
28
Joint Stipulation of Dismissal Without Prejudice

4:13-CV-05889-YGR

1

Pursuant to Fed. R. Civ. P. 41, Netlist, Inc. and Diablo Technologies, Inc. jointly stipulate

2

to the dismissal of all claims against each other without prejudice. Netlist and Diablo agree that

3

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

4

In view of Diablo’s bankruptcy proceeding, this motion is being signed by Greg J. Adams

5

for Ernst & Young Inc, in its capacity as the bankruptcy trustee of Diablo’s estate and not in its

6

personal capacity.

7
8
9
McANDREWS, HELD & MALLOY, LTD.

10
11

Dated: November 6, 2018

12
13
14

/s/ Ronald H. Spuhler
THOMAS J. WIMBISCUS
GREGORY C. SCHODDE
RONALD H. SPUHLER
WAYNE H. BRADLEY
Attorneys for Plaintiff
NETLIST, INC.

15
16
17

Dated: November 6, 2018

18
19

/s/ Gregory J. Adams
GREGORY J. ADAMS
Associate Partner-Senior Vice President
Ernst & Young Inc.
Ernst & Young Inc. in its capacity as Trustee in
Bankruptcy of Diablo Technologies, Inc. and not in
its personal capacity

20
21
22
23

ORDER
Pursuant to the above stipulation, this action is DISMISSED WITHOUT
PREJUDICE.

24
25
26

IT IS SO ORDERED.
DATED: November 9, 2018

27
28
Joint Stipulation of Dismissal Without Prejudice

_____________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT
-1

-

4:13-CV-05889-YGR