C&C Jewelry Mfg Inc v. Trent West

Filing 250

STIPULATION AND ORDER GRANTING Dismissal with prejudice Pursuant to Rules 41(a)(1)(A)(ii) and 41(c) re 249 Stipulation. The Clerk shall close this file. Signed by Judge Edward J. Davila on 1/12/2012. (ecg, COURT STAFF) (Filed on 1/12/2012)

DURIE TANGRI, LLP
DARALYN J. DURIE (SBN 169825)
[e-mail]
RYAN M. KENT (SBN 220441)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
415-236-6300
SCHEEF & STONE, LLP
JOHN G. FISCHER (pro hac vice)
[e-mail]
BRYAN HAYNES (pro hac vice)
[e-mail]
ERIC C. WOOD (pro hac vice)
[e-mail]
500 N. Akard, Suite 2700
Dallas, Texas 75201
Telephone: [phone]
Facsimile:
214-706-4242
Attorneys for Plaintiff
C&C Jewelry Manufacturing, Inc.
Edward Vincent King, Jr. (SBN 085726)
KING & KELLEHER, LLP
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Trent West
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
C&C JEWELRY MANUFACTURING,
INC., a California corporation,
Plaintiff and CounterDefendant,

Case No. 5:09-cv-01303-EJD
JOINT STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL WITH
PREJUDICE
Judge: Edward J. Davila

v.
TRENT WEST,
Defendant and CounterClaimant.

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JOINT STIPULATION OF DISMISSAL WITH PREJUDICE / CASE NO. 5:09-CV-01303-EJD

Pursuant to Rules 41(a)(1)(A)(ii) and 41(c) of the Federal Rules of Civil Procedure,
Plaintiff/Counter-Defendant C&C Jewelry Mfg. Co, Inc. (“C&C”) and Defendant/Counter-Claimant
Trent West (“West”) hereby file this Joint Stipulation of Dismissal With Prejudice as follows:
I.
C&C brought suit against West seeking, inter alia, declaratory judgment of non-infringement,
invalidity and unenforceability of U.S. Patent Nos. 6,062,045 (the ‘045 Patent), 6,553,667 (the ‘667
Patent), 6,928,734 (the ‘734 Patent), 6,990,736 (the ‘736 Patent), 6,993,842 (the ‘842 Patent), 7,032,314
(the ‘314 Patent) and 7,076,972 (the ‘972 Patent) (Dkt. No. 1).
West filed a counterclaim against C&C for, inter alia, infringement of the ‘972 Patent, the ‘734
Patent, the ‘736 Patent and the ‘314 Patent (Dkt. No. 6).
II.
All matters of fact and things in controversy between C&C and West have now been resolved.
Therefore, C&C stipulates to dismiss with prejudice all of the claims asserted in its complaint against
West (Dkt. No. 1), and West stipulates to dismiss with prejudice all of the claims asserted in his
counterclaim against C&C (Dkt. No. 6). Each of the parties agrees to waive any claim for recovery of its
respective fees and costs in this action with regard to the claims dismissed herein.
III.
WHEREFORE, Pursuant to Rules 41(a)(1)(A)(ii) and 41(c) of the Federal Rules of Civil
Procedure, Plaintiff/Counter-Defendant C&C Jewelry Mfg. Co, Inc. and Defendant/Counter-Claimant
Trent West hereby jointly stipulate to a dismissal with prejudice of all claims asserted by the parties
against one another in this action.

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JOINT STIPULATION OF DISMISSAL WITH PREJUDICE / Case No. 5:09-cv-01303-EJD

Respectfully stipulated to by:
SCHEEF & STONE, LLP

KING & KELLEHER, LLP

By: /s/ Eric C. Wood
Eric C. Wood

By: /s/ Edward Vincent King
Edward Vincent King

Attorneys for Plaintiff C&C Jewelry Mfg.,
Inc.

Attorneys for Defendant Trent
West

Date: January 9, 2012

Date: January 9, 2012
FILER’S ATTESTATION

Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Eric C. Wood, attest that
concurrence in the filing of this document has been obtained.
SCHEEF & STONE, LLP

By: /s/ Eric C. Wood
Eric C. Wood
Attorneys for Plaintiff C&C Jewelry Mfg.,
Inc.

IT IS SO ORDERED. The Clerk shall close this file.
January 12
DATED: ____________________, 2012.

EDWARD J. DAVILA
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION OF DISMISSAL WITH PREJUDICE / Case No. 5:09-cv-01303-EJD