NetFuel, Inc. v. Cisco Systems Inc.

Filing 408

ORDER OF DISMISSAL WITH PREJUDICE. THE CLERK SHALL CLOSE THE FILE. Signed by Judge Edward J. Davila on 2/11/2021. (amkS, COURT STAFF) (Filed on 2/11/2021)

Case 5:18-cv-02352-EJD Document 408 Filed 02/11/21 Page 1 of 2

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Floyd G. Short (pro hac vice)
Matthew R. Berry (pro hac vice)
Steven M. Seigel (pro hac vice)
P. Ryan Burningham (pro hac vice)
SUSMAN GODFREY L.L.P.
1201 Third Avenue, Suite 3800
Seattle, Washington 98101-3000
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Kalpana Srinivasan (CA Bar No. 237460)
SUSMAN GODFREY L.L.P.
1900 Avenue of the Stars, Suite 1400
Los Angeles, California 90067-6029
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff NetFuel, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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NETFUEL, INC.,

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Case No. 5:18-cv-2352-EJD (NMC)

Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE

vs.

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CISCO SYSTEMS, INC.,

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Defendant.

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ORDER OF DISMISSAL WITH PREJUDICE
Plaintiff NetFuel, Inc. (“NetFuel”) and Defendant Cisco Systems, Inc. (“Cisco”),

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announced to the Court that they have settled their respective claims for relief asserted in this
case and jointly moved this Court to dismiss the above-entitled cause and all claims by NetFuel

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against Cisco and all counterclaims by Cisco against NetFuel with prejudice, with the Court

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retaining jurisdiction over any controversy or claim relating to the terms and conditions of the

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parties’ settlement agreement until the date that Cisco makes the payment specified in Section
ORDER OF DISMISSAL WITH PREJUDICE

7208277v1/015695

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Case No. 5:18-cv-2352-EJD
CONFIDENTIAL

Case 5:18-cv-02352-EJD Document 408 Filed 02/11/21 Page 2 of 2

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4.2 of that agreement. The Court, having considered this request, is of the opinion that their

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request for dismissal should be GRANTED.

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IT IS THEREFORE ORDERED that the above-entitled cause and all claims against Cisco

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by NetFuel and against NetFuel by Cisco herein are dismissed, with prejudice to the re-filing of
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same.
IT IS FURTHER ORDERED that all attorneys’ fees, costs of court and expenses shall
be borne by each party incurring the same.
IT IS FURTHER ORDERED that the Court will retain jurisdiction over any controversy
or claim relating to the terms and conditions of the parties’ settlement agreement until the date
that Cisco makes the payment specified in Section 4.2 of that agreement.

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This is a final judgment.
Signed this February

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day of11, 2021.

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EDWARD J. DAVILA
United States District Judge

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ORDER OF DISMISSAL WITH PREJUDICE

7208277v1/015695

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Case No. 5:18-cv-2352-EJD
CONFIDENTIAL