SCI Technology, Inc v. Electrospec, Inc

Filing 32

STIPULATION AND ORDER GRANTING DISMISSAL WITH PREJUDICE re 31 Response to Order to Show Cause filed by SCI Technology, Inc. It is ORDERED that: Pursuant to Fed. R. Civ. P. 41(a)(2), this case is dismissed without prejudice. Each party shall be ar its own fees and costs. The Court retains jurisdiction to enforce the terms of the Settlement Agreement by which Plaintiff may enter a Stipulated Judgment against Defendant in the event that Defendant fails to make any payment as required by the S ettlement Agreement and fails to cure within ten (10) days of written notice of default. Unless enforcement proceedings are pending, this case will be treated for all purposes as dismissed with prejudice after May 13, 2013, without further order of Court. The Order to Show Cause issued December 6, 2011, is DISCHARGED and the corresponding hearing VACATED. The Clerk shall close this file. Signed by Judge Edward J. Davila on 1/4/2012. (ecg, COURT STAFF) (Filed on 1/4/2012)

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S avila A H ER a rd J . D FO dw J u d ge E R NIA D RDERE S SO O IED IT I DIF AS M O LI UNIT ED RT U O RT 8 Attorneys for Plaintiff SCI TECHNOLOGY, INC. 9 S DISTRICT TE C TA NO 1 MICHAEL P. WIPPLER (SBN 155646) mwippler@dykema.com 2 CRAIG N. HENTSCHEL (SBN 66178) 3 chentschel@dykema.com S. CHRISTOPHER WINTER (SBN 190474) 4 kwinter@dykema.com DYKEMA GOSSETT, LLP 5 333 S. Grand Ave., Suite 2100 Los Angeles, CA 90071 6 Telephone: 213.457.1800 7 Facsimile: 213.457.1850 N F D IS T IC T O R C 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SCI TECHNOLOGY, INC., an Alabama 13 corporation, CASE NO. C11-00060 EJD 14 [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE Plaintiff, 15 v. 16 ELECTROSPEC, INC., a New Jersey corporation; and DOES 1-10, inclusive, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 305252 -1ORDER OF DISMISSAL – CASE NO. C11-00060 EJD 1 The Court, having read and considered the Stipulation For An Order For Dismissal Without 2 Prejudice submitted by the Parties, and good cause appearing therefor: 3 It is ORDERED that: 4 Pursuant to Fed. R. Civ. P. 41(a)(2), this case is dismissed without prejudice. Each party 5 6 7 8 9 shall bear its own fees and costs. The Court retains jurisdiction to enforce the terms of the Settlement Agreement by which Plaintiff may enter a Stipulated Judgment against Defendant in the event that Defendant fails to make any payment as required by the Settlement Agreement and fails to cure within ten (10) days of written notice of default. Unless enforcement proceedings are pending, this case will be treated for all purposes as 10 11 dismissed with prejudice after May 13, 2013, without further order of Court. The Order to Show Cause issued December 6, 2011, is DISCHARGED and the 12 corresponding hearing VACATED. The Clerk shall close this file. IT IS SO ORDERED. 13 Dated: January 4, 2012 14 UNITED STATES DISTRICT JUDGE EDWARD J. DAVILA United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 305252 -2ORDER OF DISMISSAL – CASE NO. C11-00060 EJD

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