Bluestone Innovations LLC v. Lowe's Companies, Inc.

Filing 22

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 3/17/16. (napS, COURT STAFF) (Filed on 3/17/2016)

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1 2 3 4 5 6 7 8 9 10 11 Steven T. Lowe, Esq. SBN 122208 steven@lowelaw.com Kris LeFan, Esq., SBN 278611 kris@lowelaw.com LOWE & ASSOCIATES, P.C. 11400 Olympic Blvd., Suite 640 Los Angeles, CA 90064 Telephone: (310) 477-5811 Facsimile: (310) 477-7672 Hao Ni (pro hac vice) hni@nilawfirm.com NI, WANG & MASSAND, PLLC 8140 Walnut Hill Lane, Suite 500 Dallas, TX 75231 Telephone: (972) 331-4600 Facsimile: (972) 314-0900 Attorneys for Plaintiff Bluestone Innovations LLC IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 12 13 14 BLUESTONE INNOVATIONS LLC, 15 Plaintiff, 16 17 18 19 v. LOWE’S COMPANIES, INC., Case No. 4:15-cv-05487-PJH NOTICE OF VOLUNTARY DISMISSAL AND ORDER Defendant. 20 21 22 23 24 25 26 27 28 NOTICE OF VOLUNTARY DISMISSAL CASE NO. 4:15-cv-05487-PJH NOTICE OF VOLUNTARY DISMISSAL 1 2 3 Plaintiff Bluestone Innovations LLC pursuant to Fed. R. Civ. P. 41(a), hereby moves for a 4 dismissal with prejudice all of its claims against Defendant Lowe’s Companies, Inc. with respect to 5 the Utilitech A19 9W 750 lm Light Bulb identified in the Original Complaint (Dkt. No. 1). 6 7 Plaintiff Bluestone Innovations LLC pursuant to Fed. R. Civ. P. 41(a), hereby further moves for a dismissal without prejudice of all other claims against Defendant Lowe’s Companies, Inc. 8 9 10 Prior to the filing of this motion, Defendant Lowe’s Companies, Inc. has yet to file an answer or motion for summary judgment 11 12 13 Dated: March 17, 2016 NI, WANG & MASSAND, PLLC 14 15 16 17 /s/ Hao Ni By:________________________________ HAO NI Attorney for Plaintiff BLUESTONE INNOVATIONS LLC 18 19 CERTIFICATE OF SERVICE 20 21 22 I certify that all counsel of record is being served on March 17, 2016, with a copy of this document via the Court’s CM/ECF system. /s/ Hao Ni 23 HAO NI 24 25 26 27 28 NOTICE OF VOLUNTARY DISMISSAL CASE NO. 4:15-cv-05487-PJH ORDER OF DISMISSAL 1 2 In consideration of Plaintiff Bluestone Innovation LLC’s filing of a Notice of Voluntary 3 4 Dismissal before an answer or motion for summary judgment has been filed by Defendant Lowe’s 5 Companies, Inc., the Court, having considered this request, is of the opinion that their request for 6 dismissal should be granted. 7 IT IS THEREFORE ORDERED that all claims of infringement that Plaintiff raised or could 8 have raised against Defendant Lowe’s Companies, Inc., with regards to Utilitech A19 9W 750 lm 9 10 11 12 13 14 Light Bulb are dismissed, WITH prejudice; IT IS THEREFORE ORDERED that all other claims are dismissed WITHOUT prejudice in accordance with Fed. R. Civ. P. 41(a); and IT IS FURTHER ORDERED that all attorneys’ fees, costs of court and expenses shall be borne by each party incurring the same. 15 16 17th Signed this _____ day of March, 2016. ER R NIA n FO Hamilto LI Judge P H 23 RT 22 hyllis J. NO 21 ___________________________________ ERED O OR United States District CourtDJudge IT IS S UNIT ED 20 ISTRIC ES D TC AT T RT U O 19 S 18 A 17 N F D IS T IC T O R 24 25 26 27 28 NOTICE OF VOLUNTARY DISMISSAL CASE NO. 4:15-cv-05487-PJH C

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