Twin Peaks Software Inc. v. Red Hat, Inc. et al

Filing 66

ORDER 65 of Dismissal. Signed by Judge Ronald M. Whyte on 7/24/13. (jg, COURT STAFF) (Filed on 7/24/2013)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 TWIN PEAKS SOFTWARE INC., Plaintiff and CounterclaimDefendant, 16 Case No. 5:12-cv-00911-RMW v. ORDER OF DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(2) 17 18 19 RED HAT, INC. and GLUSTER, INC., Defendants and Counterclaim-Plaintiffs. 20 21 22 23 24 25 26 27 28 ORDER OF DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(2) CASE NO.: 5:12-CV-00911-RMW 1 Plaintiff/Counterclaim-Defendant Twin Peaks Software Inc. (“Twin Peaks”) and 2 Defendants/Counterclaim-Plaintiffs Red Hat, Inc. (“Red Hat”) and Gluster, Inc. (“Gluster”) have jointly 3 moved, pursuant to Fed. R. Civ. P. 41(a)(2), for dismissal with prejudice of all claims brought by Twin 4 Peaks against Red Hat and Gluster, and all counterclaims brought by Red Hat and/or Gluster against 5 Twin Peaks in the above-captioned action. The Court, having considered this request, is of the opinion 6 that their request for dismissal should be granted. 7 IT IS THEREFORE ORDERED that all claims for relief asserted against Red Hat and Gluster by 8 Twin Peaks in the above-captioned action are hereby dismissed with prejudice, and all counterclaims for 9 relief asserted against Twin Peaks by Red Hat and/or Gluster in the above-captioned action are hereby 10 11 12 13 dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys’ fees, costs of court, and expenses shall be borne by each party incurring the same. This is a final judgment. 14 15 Dated: ____________________, 2013 16 __________________________________________ The Honorable Ronald M. Whyte Judge, United States District Court 17 18 19 20 21 22 23 24 25 26 27 28 ORDER OF DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(2) CASE NO.: 5:12-CV-00911-RMW 1

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