Vantage Point Technology, Inc. v. Microsoft Corporation

Filing 35

ORDER GRANTING 33 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Dismiss with Proposed Order filed by Vantage Point Technology, Inc. The Clerk shall close this file. Signed by Judge Edward J. Davila on 3/18/2015. (ecg, COURT STAFF) (Filed on 3/18/2015)(Correction of 34 Order on Stipulation)

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1 2 3 4 5 6 7 8 PAUL V. STORM pvstorm@gardere.com SARAH M. PAXSON spaxson@gardere.com GARDERE WYNNE SEWELL LLP 1601 Elm Street, Suite 3000 Dallas, Texas 75201 (214) 999-3000 Telephone (214) 999-4667 Fax Attorneys for Plaintiff Vantage Point Technology, Inc. ERIC S. WALTERS (State Bar No. 151933) ericwalters@dwt.com ERICA D. WILSON (State Bar No. 161386) ericawilson@dwt.com JOHN FREED (State Bar No. 261518) jakefreed@dwt.com DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111 Telephone: (415) 276-6500 Fax: (415) 276-6599 Attorneys for Defendant Microsoft Corporation 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 11 12 13 VANTAGE POINT TECHNOLOGY, INC. Plaintiff, 14 15 16 Case No. 5:14-cv-04924-EJD JOINT STIPULATION TO DISMISS v. MICROSOFT CORPORATION, Defendant. 17 18 WHEREAS, Plaintiff Vantage Point Technology, Inc. and Defendant Microsoft Corporation have 19 resolved Plaintiff’s claims for relief against Defendant and Defendant’s counterclaims for relief against 20 Plaintiff asserted in this case. 21 22 23 24 25 26 27 28 NOW, THEREFORE, Plaintiff and Defendant, through their attorneys of record, request this Court to dismiss Plaintiff’s claims for relief against Defendant with prejudice and Defendant’s claims, defenses or counterclaims for relief against Plaintiff without prejudice, and with all attorneys’ fees, costs of court and expenses borne by the party incurring same. IT IS SO STIPULATED. 1 March 16, 2015 Respectfully submitted, 2 /s/ Paul V. Storm Paul V. Storm Texas State Bar No. 19325350 Sarah M. Paxson Texas State Bar No. 24032826 GARDERE WYNNE SEWELL LLP 1601 Elm Street, Suite 3000 Dallas, Texas 75201 (214) 999-3000 pvstorm@gardere.com spaxson@gardere.com /s/ Eric S. Walters ERIC S. WALTERS (State Bar No. 151933) ericwalters@dwt.com ERICA D. WILSON (State Bar No. 161386) ericawilson@dwt.com JOHN FREED (State Bar No. 261518) jakefreed@dwt.com DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111 Telephone: (415) 276-6500 Fax: (415) 276-6599 3 4 5 6 7 8 Attorneys for Vantage Point Technology, Inc. 9 Attorneys for Defendant Microsoft Corporation 10 CERTIFICATE OF SERVICE 11 12 13 A true and correct copy of the foregoing document was served via CM/ECF on counsel of record on March 16, 2015. /s/ Paul V. Storm 14 15 FILER’S ATTESTATION 16 17 18 19 I, Paul V. Storm, am the ECF User whose ID and password are being used to file this JOINT STIPULATION TO DISMISS. Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that counsel whose e-signature appears on the foregoing pages have concurred with this filing. 20 /s/ Paul V. Storm 21 22 23 24 25 26 27 28 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 1 2 3 VANTAGE POINT TECHNOLOGY, INC. 4 5 6 7 Case No. 5:14-cv-04924-EJD Plaintiff, [PROPOSED] ORDER v. MICROSOFT CORPORATION, Defendant. 8 ORDER OF DISMISSAL 9 On this day, Plaintiff Vantage Point Technology, Inc. and Defendant Microsoft Corporation 10 announced to the Court that they have resolved Plaintiff’s claims for relief against Defendant asserted in 11 this case and Defendant’s claims, defenses and/or counterclaims for relief against Plaintiff asserted in this 12 13 14 15 16 17 18 case. Plaintiff and Defendant have therefore requested that the Court dismiss Plaintiff’s claims for relief against Defendant with prejudice and Defendant’s claims, defenses and/or counterclaims for relief against Plaintiff without prejudice, and with all attorneys’ fees, costs and expenses taxed against the party incurring same. The Court, having considered this request, is of the opinion that their request for dismissal should be granted. IT IS THEREFORE ORDERED that Plaintiff’s claims for relief against Defendant are dismissed 19 with prejudice and Defendant’s claims, defenses and/or counterclaims for relief against Plaintiff are 20 dismissed without prejudice. IT IS FURTHER ORDERED that all attorneys’ fees, costs of court and 21 expenses shall be borne by each party incurring the same. 22 23 The Clerk shall close this file. 3/18/2015 Dated:_________________ _____________________________________________ HONORABLE UNITED STATES DISTRICT JUDGE 24 25 26 27 28 3

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