Spotlight Surgical, Inc. v. Depuy, Inc. et al

Filing 51

STIPULATION AND ORDER re 50 Regarding Dismissal of Claims With Prejudice. Signed by Judge Jeremy Fogel on 9/26/08. (dlm, COURT STAFF) (Filed on 9/30/2008)

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1 BETH M. GOLDMAN (State Bar No. 118341) HELLER EHRMAN LLP 2 333 Bush Street San Francisco, California 94104 3 Telephone: (415) 772-6000 4 Facsimile: (415) 772-6268 E-mail: beth.goldman@hellerehrman.com 5 Attorneys for Plaintiff 6 SPOTLIGHT SURGICAL, INC. 7 8 DIANE MASON (State Bar No. 168202) 9 One Market, Spear Street Tower 10 Telephone: (415) 442-1000 DANIEL JOHNSON, JR. (State Bar No. 57409) MORGAN, LEWIS & BOCKIUS LLP San Francisco, CA 94105-1126 Facsimile: (415) 442-1001 11 E-mail: djjohnson@morganlewis.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Heller Ehrman LLP dmason@morganlewis.com Attorneys for Defendants DEPUY, INC. and DEPUY SPINE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SPOTLIGHT SURGICAL, INC., Plaintiff, v. DEPUY, INC. and DEPUY SPINE, INC., Defendants. Judge: Hon. Jeremy Fogel Case No. C-07-03362 JF RS PLAINTIFF'S AND DEFENDANTS' JOINT STIPULATION AND ------------------[PROPOSED] ORDER REGARDING DISMISSAL OF CLAIMS WITH PREJUDICE 28 PLAINTIFF'S AND DEFENDANTS' JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DISMISSAL OF CLAIMS WITH PREJUDICE CASE NO.: C-07-03362 JF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Heller Ehrman LLP Pursuant to Rule 41 of the Federal Rules of Civil Procedure, Plaintiff Spotlight Surgical, Inc. and Defendants DePuy, Inc. and DePuy Spine, Inc., having resolved their disputes and executed a settlement agreement and mutual general release, HEREBY STIPULATE and agree, through their respective counsel, as follows: 1. The Plaintiff and the Defendants have resolved all of the claims asserted in the Complaint, and have executed a Settlement Agreement and mutual general release. 2. The parties have agreed that each party shall bear its own attorney's fees and costs incurred in connection with this action. 3. prejudice. Plaintiff and Defendants jointly request that the Court dismiss the action with 28 PLAINTIFF'S AND DEFENDANTS' JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DISMISSAL OF CLAIMS WITH PREJUDICE CASE NO.: C-07-03362 JF -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Heller Ehrman LLP Respectfully submitted, Dated: September 24, 2008 HELLER EHRMAN LLP By _/S/ BETH M. GOLDMAN__________ Beth M. Goldman Attorneys for Plaintiff SPOTLIGHT SURGICAL, INC. Dated: September 24, 2008 MORGAN, LEWIS & BOCKIUS LLP By __/S/ DIANE MASON Diane Mason ___________ Attorneys for Defendants DEPUY, INC. and DEPUY SPINE, INC. The parties having resolved their disputes and executed a Settlement Agreement and mutual general release, and good cause appearing, it is hereby ORDERED that this action is dismissed with prejudice, as is consistent with the foregoing joint stipulation of the parties. IT IS SO ORDERED. 9/26/08 Dated: ________________ The Honorable Jeremy Fogel United States District Judge 28 PLAINTIFF'S AND DEFENDANTS' JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DISMISSAL OF CLAIMS WITH PREJUDICE CASE NO.: C-07-03362 JF -3-

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