Depuy Synthes Products, LLC v. Spinal Kinetics, Inc.

Filing 21

STIPULATION AND ORDER [ 20 Lifting Stay and Dismissing Action. ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 6/17/14. (jgS, COURT STAFF) (Filed on 6/17/2014)

1 Robert W. Dickerson (CA SBN 89367)
[e-mail]
2 DICKSTEIN SHAPIRO LLP
2049 Century Park East, Suite 700
3 Los Angeles, CA 90067-3109
Telephone: [phone]
4 Facsimile: [phone]
5 Attorney for Defendant/Counterclaimant
SPINAL KINETICS, INC.
6
Jeffrey M. Olson (CA SBN 104074)
7 [e-mail]
SIDLEY AUSTIN LLP
8 555 W. Fifth Street, Suite 4000
Los Angeles, California 90013
9 Telephone: [phone]
Facsimile: [phone]
10
Attorney for Plaintiff/Counter-Defendant
11 DEPUY SYNTHES PRODUCTS, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DEPUY SYNTHES PRODUCTS, LLC,

CASE NO. CV-13-0875-RMW

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Plaintiff,

Hon. Ronald M. Whyte

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v.

STIPULATION TO LIFT STAY AND TO
DISMISS ACTION IN ITS ENTIRETY

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SPINAL KINETICS, INC.,
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Defendant.
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21 SPINAL KINETICS, INC.,
Counter-Claimant,

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v.

24 DEPUY SYNTHES PRODUCTS, LLC, and Does
1-5,
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Counter-Defendants.
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DICKSTEIN
SHAPIRO LLP

STIPULATION TO LIFT STAY AND TO
DISMISS ACTION IN ITS ENTIRETY
DOCSLA-119864 v1

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Plaintiff Depuy Synthes Products, LLC (“Depuy Synthes”) and Defendant Spinal Kinetics,

2 Inc. (“Spinal Kinetics”), by their respective undersigned attorneys, hereby stipulate that the existing
3 Stay (Dkt. No. 19) in the above captioned matter can be lifted, and that this action shall be dismissed
4 pursuant to the terms of a Settlement Agreement. The dismissal by Depuy Synthes of its claims for
5 relief is with prejudice as to all claims asserted against Spinal Kinetics, and the dismissal by Spinal
6 Kinetics is without prejudice as to all counterclaims asserted against Depuy Synthes. Except as
7 otherwise agreed between the parties, each party shall bear its own attorneys’ fees and costs. A
8 proposed order dismissing this action is being filed herewith.
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This Court shall retain subject matter and personal jurisdiction over the parties with respect

10 to any dispute that may arise under the terms of their settlement agreement.
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Agreed to and submitted by:

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Dated: May 23, 2014

By: /s/ Jeffrey M. Olson
Jeffrey M. Olson
Attorneys for Plaintiff/Counter-Defendant
DEPUY SYNTHES PRODUCTS, LLC

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SIDLEY AUSTIN LLP

Dated: May 23, 2014

DICKSTEIN SHAPIRO LLP

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By: /s/ Robert W. Dickerson
Robert W. Dickerson
Attorneys for Defendant/Counter-claimant
SPINAL KINETICS, INC.

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DICKSTEIN
SHAPIRO LLP

-1STIPULATION TO LIFT STAY AND TO
DISMISS ACTION IN ITS ENTIRETY
DOCSLA-119864 v1

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7

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DEPUY SYNTHES PRODUCTS, LLC,

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Plaintiff,
v.
SPINAL KINETICS, INC.,

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CASE NO. CV-13-0875-RMW
Hon. Ronald M. Whyte
[] ORDER LIFTING STAY
AND DISMISSING ACTION IN ITS
ENTIRETY

Defendant.

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16 SPINAL KINETICS, INC.,
Counter-Claimant,

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v.

19 DEPUY SYNTHES PRODUCTS, LLC, and Does
1-5,
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Counter-Defendants.
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DICKSTEIN
SHAPIRO LLP

[] ORDER LIFTING STAY AND
DISMISSING ACTION IN ITS ENTIRETY
DOCSLA-119867 v1

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Based on the “Stipulation Lifting Stay and of Dismissal” filed by Plaintiff Depuy Synthes

2 Products, LLC (“Depuy Synthes”) and Defendant Spinal Kinetics, Inc. (“Spinal Kinetics”), it is
3 hereby ORDERED that the existing Stay (Dkt. No. 19) is hereby lifted, and that all claims of Depuy
4 Synthes, asserted against Spinal Kinetics, are dismissed with prejudice, and all counterclaims of
5 Spinal Kinetics, asserted against Depuy Synthes, are dismissed without prejudice. Except as
6 otherwise agreed by the parties, each party shall bear its own attorneys’ fees and costs.
7

This Court shall retain subject matter and personal jurisdiction over the parties with respect

8 to any dispute that may arise under the terms of their settlement agreement.
9

IT IS SO ORDERED.

10 Dated: __________, 2014
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_________________________________
Honorable Ronald M. Whyte
United States District Judge

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DICKSTEIN
SHAPIRO LLP

-1[] ORDER LIFTING STAY AND
DISMISSING ACTION IN ITS ENTIRETY
DOCSLA-119867 v1