West v. Quality Gold, Inc.

Filing 158

ORDER GRANTING 155 Stipulated Dismissal of all Claims with Prejudice filed by Quality Gold, Inc., ***Deadlines terminated. 155 Stipulation, filed by Quality Gold, Inc. Pursuant to FED. R. CIV. P. Rule 41(a)(1)(A)(ii), Defendant and Coun terclaimant Quality Gold, Inc., Third-Party Defendant Jewelry Innovations, Inc., and Third-Party Defendant Glenn Miller, by and through their respective counsel of record, stipulate that all claims between them in this action are hereby dismissed wit h prejudice. Each party shall bear its/his own costs and attorneys' fees. The Clerk shall close this file. Motions terminated: 151 MOTION for Reconsideration OF ORDER GRANTING MOTION TO STAY (Dkt. No. 146) filed by Trent West. Signed by Judge Edward J. Davila on 9/28/2012. (ecg, COURT STAFF) (Filed on 9/28/2012)

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1 2 3 4 5 6 7 HARVEY SISKIND LLP Ian K. Boyd (SBN 191434) Matthew A. Stratton (SBN 254080) Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: (415) 354-0100 Facsimile: (415) 391-7124 iboyd@harveysiskind.com mstratton@harveysiskind.com INVICTUS LAW, PC Blair R. Jackson (SBN 257590) 1250 East 200 South, 2E Lehi, Utah 84043 Telephone: (801) 854-9212 Facsimile: (801) 415-9340 blair@invictuspc.com Attorneys for Third-Party Defendant JEWELRY INNOVATIONS, INC. Attorneys for Defendant and Counter-Claimant QUALITY GOLD, INC. 8 RT ER H 16 J u d ge E 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 d w a rd J R NIA Attorneys for Defendant and Counterclaimant QUALITY GOLD, INC. IT I NO 15 Attorneys for Third-Party Defendant D GLENN MILLER RDERE S SO O . Davila FO 14 C RT U O 13 TA LI 12 A 11 LAW OFFICES OF BOB CAMORS Robert E. Camors, Jr. (SBN 121204) 25 Metro Drive, Suite 600 San Jose, California 95110 Telephone: (408) 573-5744 Facsimile: (408) 573-5743 TES DISTRICT S 10 WOOD, HERRON & EVANS, L.L.P. Clement H. Luken (admitted pro hac vice) John Paul Davis (admitted pro hac vice) 2700 Carew Tower, 441 Vine Street Cincinnati, Ohio 45202-2917 Telephone: (513) 241-2324 Facsimile: (513) 241-6234 cluken@whepatent.com jdavis@whepatent.com UNIT ED 9 N F D IS T IC T O R C SAN JOSE DIVISION 9/28/2012 20 21 22 23 TRENT WEST, Case No. C 10-03124 EJD Plaintiff, STIPULATED DISMISSAL OF ALL CLAIMS WITH PREJUDICE v. 24 QUALITY GOLD, INC., 25 26 27 Defendant. AND RELATED CLAIMS 28 STIPULATED DISMISSAL OF ALL CLAIMS WITH PREJUDICE CASE NO. C 10-03124 EJD 1 Pursuant to FED. R. CIV. P. Rule 41(a)(1)(A)(ii), Defendant and Counterclaimant Quality 2 Gold, Inc., Third-Party Defendant Jewelry Innovations, Inc., and Third-Party Defendant Glenn 3 Miller, by and through their respective counsel of record, stipulate that all claims between them in 4 this action are hereby dismissed with prejudice. 1 Each party shall bear its/his own costs and 5 attorneys’ fees. The Clerk shall close this file. 6 Dated: September 27, 2012 7 Respectfully submitted, HARVEY SISKIND LLP IAN K. BOYD MATTHEW A. STRATTON 8 9 WOOD, HERRON & EVANS, L.L.P. CLEMENT H. LUKEN JOHN PAUL DAVIS 10 11 By: 12 /s/ Matthew A. Stratton Attorneys for Defendant and Counterclaimant QUALITY GOLD, INC. 13 14 15 LAW OFFICES OF BOB CAMORS ROBERT E. CAMORS, JR. 16 By: 17 /s/ Robert E. Camors, Jr. Attorneys for Third-Party Defendant GLENN MILLER 18 19 20 INVICTUS LAW, PC BLAIR R. JACKSON 21 By: 22 Attorneys for Third-Party Defendant JEWELRY INNOVATIONS, INC. 23 /s/ Blair R. Jackson 24 1 25 26 27 28 The above-named parties submit this stipulated dismissal as one of three concurrently-filed dismissals to dismiss this action in its entirety. The parties are filing multiple dismissals in this action at the insistence of counsel for Plaintiff and Counterdefendant Trent West (“West”) and its purported concerns due to the presence of third-party defendants in this action and the pending bankruptcy of third-party defendant GMA, Inc. Based on the assurances of West’s counsel that it nonetheless seeks a full and final dismissal of this action for all parties concerned, and in the spirit of expediency and to avoid burdening the Court with a Motion for Dismissal that would otherwise be necessary given West’s refusal to stipulate to the form of dismissal proposed by the above-named parties, the above-named parties have agreed to cooperate with this duplicative approach to effectuate a full and final dismissal at this time. -1STIPULATED DISMISSAL OF ALL CLAIMS WITH PREJUDICE CASE NO. C 10-03124 EJD 1 I, Matthew A. Stratton, am the ECF User whose identification and password are being used to 2 file this document. Pursuant to General Order 45.X.B, I hereby attest that all counsel indicated above 3 have concurred in this filing. /s/ 4 Matthew A. Stratton 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2STIPULATED DISMISSAL OF ALL CLAIMS WITH PREJUDICE CASE NO. C 10-03124 EJD

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