Multiven, Inc. v. Cisco Systems, Inc.

Filing 277

ORDER AND STIPULATION re #274 Stipulation filed by Cisco Technology, Inc., Cisco Systems, Inc.. Signed by Judge James Ware on July 26, 2010. (jwlc1, COURT STAFF) (Filed on 7/26/2010)

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MULTIVEN, INC., a Delaware corporation Plaintiff, v. CISCO SYSTEMS, INC., a California corporation Defendant. CISCO SYSTEMS, INC., a California corporation, and CISCO TECHNOLOGY, INC., a California corporation Counterclaimants, v. MULTIVEN, INC., a Delaware corporation, PINGSTA, INC., a Delaware corporation, and PETER ALFRED-ADEKEYE, an individual Counterdefendants. Case No. 5:08-cv-05391 JW (HRL) STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF CLAIMS AGAINST CISCO AND [PROPOSED] ORDER [Fed. R. Civ. P. 41(a)(1)(A)(ii) and Fed. R. Civ. P. 41(c)]

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STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER 5:08-CV-05391 JW (HRL)

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WHEREAS Plaintiff Multiven, Inc. wishes to dismiss its claims against Defendant Cisco Systems, Inc. with prejudice; WHEREAS, Plaintiff Multiven, Inc. has expressly authorized Defendant Cisco Systems, Inc. to file this stipulation of voluntary dismissal of claims against Cisco within twenty (20) days of the execution of the parties' settlement agreement; WHEREAS, fewer than twenty (20) days have passed since the parties executed their settlement agreement. NOW THEREFORE, it is hereby stipulated by the undersigned counsel on behalf of the parties identified below that: 1. Plaintiff Multiven, Inc. dismisses all of its claims in the above-captioned action

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against Defendant Cisco Systems, Inc. with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the terms of the parties' settlement agreement attached as Exhibit A to the proposed order filed concurrently herewith. 2. The parties hereby request that the Court continue to retain jurisdiction over this

matter for the purpose of enforcing the terms of the settlement agreement, including the retention of the power to enjoin any action brought in violation of the settlement agreement. 3. The parties will pay their own fees and costs.

Dated: July 22, 2010

Respectfully submitted, BLECHER & COLLINS, P.C. 515 South Figueroa Street, Suite 1750 Los Angeles, CA 90071 By /s/ Donald R. Pepperman DONALD R. PEPPERMAN Attorneys for Plaintiff MULTIVEN, INC.

-1STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER 5:08-CV-05391 JW (HRL)

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101 California Street San Francisco, CA 94111-5802

Dated: _ July 22, 2010

Respectfully submitted, CADWALADER, WICKERSHAM & TAFT LLP 700 Sixth Street, N.W. Washington, DC 20001 By /s/ Joseph J. Bial JOSEPH J. BIAL Attorneys for Plaintiff MULTIVEN, INC. Respectfully submitted, WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5802 By /s/ Patrick M. Ryan PATRICK M. RYAN Attorneys for Defendant and Counterclaimant CISCO SYSTEMS, INC. and Counterclaimant CISCO TECHNOLOGY, INC.

Dated: July 22, 2010

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I, Patrick M. Ryan, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the concurrence to the filing of this document has been obtained from each signatory hereto as so stated in the Stipulation and Mutual Release executed in this action. /s/ Patrick M. Ryan PATRICK M. RYAN

-2STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER 5:08-CV-05391 JW (HRL)

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101 California Street San Francisco, CA 94111-5802

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED: 1. Plaintiff Multiven, Inc.'s claims against Defendant Cisco Systems, Inc. are

DISMISSED WITH PREJUDICE. 2. 2. Each party shall bear their own enforce costs. The Court retains jurisdiction tofees and the terms of the settlement agreement

entered into in between the parties, attached hereto as Exhibit A, including the authority to issue Dated: July 26, 2010 ___________________________ injunctions contemplated by the settlement agreement against future actions brought in violation of JAMES WARE United States District Judge the terms of the settlement agreement. This retention of jurisdiction is necessary to provide the Court with the flexibility and authority to effectuate the settlement agreement and such retention is in the aid of this Court's jurisdiction and to protect its judgments pursuant to 28 U.S.C. §§ 1651 and 2283. 3. The clerk of the Court is hereby directed to enter judgment of dismissal with

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prejudice as to all claims by Multiven, Inc. against Cisco Systems, Inc. pursuant to this Order.

, 2010

JAMES WARE United States District Judge

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