Stiefel Laboratories, Inc. v. Pierre Fabre Dermatologie

Filing 24

STIPULATION AND ORDER 23 for Dismissal Without Prejudice, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 4/16/09. (jg, COURT STAFF) (Filed on 4/16/2009)

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1 Joseph D. Miler State Bar No. 109032 Leslie 1. Mann State Bar No. 95467 2 EPSTEIN BECKER & GREEN, P.C. One California Street, 26th Floor 3 San Francisco, Californa 94111-5427 Telephone: 415.398.3500 4 Facsimile: 415.398.0955 ¡miler(á; 5 6 Attorneys for Plaintiff and Counter-defendant Stiefel Laboratories, Inc. 7 Mark A. Neubauer (SBN 73727) 8 Email: Dylan Ruga (SBN 235969) 9 Email: STEPTOE & JOHNSON LLP 10 2 12 1 Avenue of *E-FILED - 4/16/09* the Stars, Suite 2800 Los Angeles, California 90067-5052 11 Ph: 310.734.3200 Fax: 310.734.3300 12 13 PIERR FABRE DERMA TO Attorneys for Defendant and Counter-Plaintiff LOGIE 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION 16 17 STIEFEL LABORATORIES, INC., Plaintiff, a Delaware corporation, CASE NO. 5:08-cv-04764 STIPULATION FOR DISMISSAL 19 v. 21 18 WITHOUT PREJUDICE AND ORDER 20 PIERR FABRE DERMA TOLOGIE, Defendants. 22 PIERR FABRE DERMA TOLOGIE, a French corporation, 23 24 25 v. Counterclaim/Plaintiff, 26 27 28 STIEFEL LABORATORIES, INC., Counterclaim/Defendants. Stipulation for Dismissal without Prejudice; Order Case No. 5:08-cv-04764 1 IT is HEREBY STIPULATED by and between the parties to this action through 2 Plaintiff/Counter-Defendant Stiefel Laboratories, Inc. ("Stiefel") and Defendant/Counter3 Plaintiff Pierre Fabre Dermatologie ("Pierre Fabre"), by and through their respective counsel, 4 that 5 1. The instant action, including all counterclaims, shall be dismissed in its entirety Civil Procedure 41(a)(2); 6 without prejudice, pursuant to Federal Rule of 7 2. Any controversy, action or legal proceeding arising out of or relating to the 8 License Agreement executed by Connetics, Inc. and Pierre Fabre in September 2004 and/or any 9 amendment thereto ("the Agreement") shall be brought exclusively in the United States District 10 Courts for the Northern District of California. The parties intend this paragraph to be given the 11 broadest interpretation to include all contract and tort actions by either of them or any affliated 12 party arising out of or relating to the Agreement; 13 3. This Court and its appellate courts shall have exclusive jurisdiction of any such 14 action or legal proceeding and each part waives any objection to venue or jurisdiction in 15 connection therewith. This Cour has subject matter jurisdiction over all claims and 16 counterclaims pursuant to 28 U.S.c. § 1332 because: (1) there is complete diversity of 17 citizenship between the parties (Pierre Fabre is a French corporation with its principal place of 18 business in Boulogne, France; Stiefel is a Delaware corporation with its principal place of 19 business in Florida); and (2) the amount in controversy exceeds $75,000, exclusive of interest 20 and costs; 21 4. In the event any controversy, action or legal proceeding arising out of or relating 22 to the Agreement is brought or filed in any court other than the United States Distrct Court for 23 the Northern District of California, including any foreign tribunal, the filing part shall bear all 24 reasonable costs and attorneys' fees incurred by the defending part to enforce this Stipulation 25 and Order; 26 5. The statute of limitations for any such action or legal proceeding is tolled on the 27 entry ofthis dismissal for a period of one year, but this provision shall operate prospectively only 28 and have no effect on time already passed; - 2Stipulation for Dismissal without Prejudice; Order Case No. 5:08-cv-04764 1 6. Persons with full power to resolve any and all controversies before the parties 2 shall meet in Paris on April 10, 2009 to attempt to resolve the issues pertaining to their 3 relationship. Neither party shall have a lawyer present. The discussions attempting to resolve 4 these issues are entitled to all of the protections of Californa Evidence Code 1152 and Federal 5 Rule of Evidence 408. If the parties are unsuccessful in executing a written agreement 6 confirming a resolution to their mutual satisfaction within 2 months from the date of execution of 7 this Stipulation (which time can be extended by mutual written agreement), the parties shall 8 thereafter within 2 months engage in a mediation in London, England. The purpose of the 9 mediation is to reach a resolution of all controversies between the parties. The mediator fees 10 shall be borne equally by the parties and each part shall each bear its own costs and attorneys' 11 fees for the mediation. The mediator shall be chosen by agreement between the parties. The 12 time for this mediation may be extended up to 2 additional months by mutual written agreement. 13 II II II II II II 14 15 16 17 18 19 II 20 21 (THE REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK) II II II 22 23 24 25 II II II II II -3- 26 27 28 Stipulation for Dismissal without Prejudice; Order Case No. 5:08-cv-04764 1 7. Each part bears its own costs and attorneys' fees incurred in this action. 2 IT is SO STIPULATED. 3 DATED: April 6, 2009 EPSTEIN BECKER & GREEN, P.c. 4 5 By: /s/ Leslie J. Mann 6 7 8 Joseph D. Miler Leslie J. Mann Attorneys for Plaintiff and Counter-Defendant Stiefel Laboratories, Inc. 9 10 11 DATED: April 6, 2009 STEPTOE & JOHNSON LLP 12 ~, By: 13 14 15 16 17 18 IT is SO ORDERED. DATED: 19 4/16/09 UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 - 4Stipulation for Dismissal without Prejudice; Order Case No. 5:08-cv-04764

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