HVAC Technology LLC v. Southland Industries

Filing 111

STIPULATION AND ORDER OF VOLUNTARY DISMISSAL. Signed by Magistrate Judge Kandis A. Westmore on 2/2/17. (sisS, COURT STAFF) (Filed on 2/2/2017)

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Mark D. Marrello (CA State Bar No. 273569)
[e-mail]
T. Lester Wallace (CA State Bar No. 159967)
[e-mail]
IMPERIUM PATENT WORKS LLP
315 Ray Street
Pleasanton, California 94566
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
HVAC Technology LLC

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ROBERT P. ANDRIS (SBN: 130290)
[e-mail]
MICHAEL D. KANACH (SBN: 271215)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SOUTHLAND INDUSTRIES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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HVAC TECHNOLOGY LLC
Plaintiff and
CounterclaimDefendant,

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CASE NO. 4:15-cv-02934-KAW
STIPULATION AND [PROPOSED]
ORDER OF VOLUNTARY
DISMISSAL OF ALL CLAIMS AND
COUNTERCLAIMS PURSUANT
TO RULE 41(a)(1)(A)(ii)

vs.
SOUTHLAND INDUSTRIES
Defendant and
Counterclaimant.

Complaint Filed: June 24, 2015

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Counterclaim Filed: August 13, 2015

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-1STIPULATION OF DISMISSAL AND
PROPOSED ORDER

Case No. 4:15-cv-02934-KAW

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Plaintiff HVAC Technology LLC (“HVAC Tech.”) and Defendant Southland Industries

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(“Southland”) by and through their undersigned counsel of record, HEREBY STIPULATE AND

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AGREE as follows:

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1. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the case against Southland

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shall be, and hereby is, dismissed with prejudice and without costs or attorneys’ fees against any

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party.

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2. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the case against HVAC

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Tech. shall be, and hereby is, dismissed with prejudice and without costs or attorneys’ fees

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against any party.

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The parties consent to Magistrate Judge Laurel Beeler retaining jurisdiction to enforce the
terms of the settlement agreement;
IT IS SO STIPULATED.

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Dated: January 31, 2017

IMPERIUM PATENT WORKS LLP

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By:

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/s/ Mark D. Marrello
Mark D. Marrello (SBN: 273569)
T. Lester Wallace (SBN: 159967)
Attorneys for Plaintiff
HVAC TECHNOLOGY LLC

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Dated: January 31, 2017

GORDON & REES LLP

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By:

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/s/ Robert P. Andris
Robert P. Andris (SBN: 130290)
Michael D. Kanach (SBN: 271215)
Attorneys for Defendant
SOUTHLAND INDUSTRIES, INC.

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-2STIPULATION OF DISMISSAL AND
PROPOSED ORDER

Case No. 4:15-cv-02934-KAW

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FILER’S ATTESTATION

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I, Robert P. Andris, am the ECF user whose identification and password are being used to
file this STIPULATION AND [PROPOSED] ORDER OF VOLUNTARY DISMISSAL OF
ALL CLAIMS AND COUNTERCLAIMS PURSUANT TO RULE 41(a)(1)(A)(ii). In

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compliance with Civil L.R. 5-1(i)(3), I hereby attest that counsel for the Plaintiff concurs in this
filing.

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By: /s/ Robert P. Andris
Robert P. Andris

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-3STIPULATION OF DISMISSAL AND
PROPOSED ORDER

Case No. 4:15-cv-02934-KAW

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[PROPOSED] ORDER

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Pursuant to the stipulation of the parties, and good cause appearing therefor, IT IS SO
ORDERED.

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Dated:

2/2/17

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___________________________________
United States District Court Magistrate Judge
HONORABLE KANDIS A. WESTMORE

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-4STIPULATION OF DISMISSAL AND
PROPOSED ORDER

Case No. 4:15-cv-02934-KAW