C&C Jewelry Mfg Inc v. Trent West

Filing 32

STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE OF COUNTS 1, II, AND V re 30 . Signed by Judge Jeremy Fogel on 11/24/09. (dlm, COURT STAFF) (Filed on 11/25/2009)

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DURIE TANGRI LLP RYAN M. KENT (SBN 220441) [e-mail] 332 Pine Street, Suite 200 San Francisco, CA 94104 Telephone: [phone] Attorneys for Plaintiff C&C JEWELRY MFG, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

C&C JEWELRY MFG., INC., Plaintiff, v. TRENT WEST, Defendant. And Related Counterclaims

Case No. 3:09-cv-01303-JF -------------------STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE OF COUNTS I, II, AND V PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii)

STIPULATION AND [PROPOSED] OF DISMISSAL WITHOUT PREJUDICE OF COUNTS I, II, AND V CASE NO. 3:09-cv-01303-JF

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WHEREAS Plaintiff C&C Jewelry Manufacturing, Inc. ("C&C") brought suit against Defendant Trent West ("West") seeking, inter alia, declaratory judgment of non-infringement, invalidity and unenforceability of U.S. Patent No. 6,602,045 ("the '045 patent") (Count I), U.S. Patent No. 6553,667 ("the '667 patent") (Count II) and U.S. Patent No. 6,993,842 ("the '842 patent") (Count V); WHEREAS West contends that no actual case or controversy exists as to Counts I, II and V because West contends that there is no substantial controversy between West and C&C of sufficient immediacy and reality to warrant the issuance of a declaratory judgment in connection with the `045, `667 and `842 patents, including no reasonable apprehension of suit on those patents; and WHEREAS, based on the above representation by West, C&C agrees to dismiss without prejudice Counts I, II and V so that the parties can narrow the issues involved in this litigation to the remaining counts of its Complaint. IT IS HEREBY STIPULATED by and between C&C and West, through their designated counsel, that Counts I, II and V of the Complaint are hereby DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear its own costs and attorneys' fees as to Counts I, II and V.

Respectfully stipulated to by:

DURIE TANGRI LLP By: ___/s/Ryan M. Kent________________ Ryan M. Kent Attorneys for Plaintiff C&C Jewelry Mfg., Inc. Date: November 17, 2009

KING & KELLEHER, LLP By: ___/s/ Alvin B. Lindsay Alvin B. Lindsay ____

Attorneys for Defendant Trent West Date: November 17, 2009

-2STIPULATION [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE OF COUNTS I, II, AND V CASE NO. CGC 07-464358

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FILER'S ATTESTATION Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Ryan M. Kent, attest that concurrence in the filing of this document has been obtained.

/s/ Ryan M. Kent Ryan M. Kent

PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 DATED: November _____, 2009 Hon. Jeremy Fogel United States District Judge

-3STIPULATION [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE OF COUNTS I, II, AND V CASE NO. CGC 07-464358

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CERTIFICATE OF SERVICE I certify that all counsel of record is being served on November 17, 2009 with a copy of this document via the Court's CM/ECF system.

Alvin B. Lindsay. Edward Vincent King, Jr.

[e-mail] [e-mail] By: /s/ Daralyn J. Durie Daralyn J. Durie

Attorneys for Plaintiff and Defendant-Counterclaim C&C JEWELRY MFG, INC.