Bender v. International Business Machines Corporation

Filing 76

STIPULATION AND ORDER 75 of Dismissal of Claims and Counterclaims With Prejudice, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 10/5/10. (jg, COURT STAFF) (Filed on 10/5/2010)

Bender v. International Business Machines Corporation

Doc. 76

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Greg L. Lippetz (State Bar No. 154228) [e-mail] Cora L. Schmid (State Bar No. 237267) [e-mail] JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 Attorneys for Defendant and Counter-Claimant International Business Machines Corporation

David N. Kuhn - State Bar No. 73389 Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: [phone] E-mail: [e-mail] Attorney for Plaintiff and Counter-Defendant Gregory Bender *E-FILED - 10/5/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Gregory Bender, Plaintiff and Counter-Defendant, v. International Business Machines Corporation, Defendant and Counter-Claimant. Plaintiff and Counter-Defendant Gregory Bender and Defendant and Counter-Claimant International Business Machines Corporation inform the court that they have reached agreement on the terms of dismissal of the claims and counterclaims in the above-entitled action and hereby submit this Stipulation of Dismissal. Pursuant to Rule 41(a)(2) and (c) of the Federal Rules of Civil Procedure, the parties hereby stipulate to dismiss WITH PREJUDICE all claims and counterclaims in this action asserted by the parties, with each party to bear its own costs, expenses, and attorney's fees. SO STIPULATED. Case No. C09-01249-RMW STIPULATION AND [] ORDER OF DISMISSAL OF CLAIMS AND COUNTERCLAIMS WITH PREJUDICE

STIPULATION AND [] ORDER OF DISMISSAL WITH PREJUDICE CASE NO. 09-cv-01249-RMW

Dockets.Justia.com

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SVI-85027v1

Respectfully submitted, Dated: September 27, 2010 Jones Day

By:

/s/ Gregory Lippetz Greg L. Lippetz State Bar No. 154228 JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900

Counsel for Defendant and Counter-Claimant International Business Machines Corporation

In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.

Dated: September 27, 2010

By:

/s/ David Kuhn David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: [phone]

Counsel for Plaintiff and Counter-Defendant Gregory Bender

PURSUANT TO STIPULATION, IT IS SO ORDERED:

10/5 DATED: ______________, 2010

By:

THE HON. RONALD M. WHYTE United States District Court Judge

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STIPULATION AND [] ORDER OF DISMISSAL WITH PREJUDICE CASE NO. 09-cv-01249-RMW