Microsoft Corporation v. Montgomery

Filing 32

ORDER granting 30 Joint Motion to Dismiss With Prejudice. It is hereby ordered that Defendant is dismissed from this action with prejudice, and each party shall bear its own attorneys' fees and costs. This Court shall retain jurisdiction to enforce the Permanent Injunction and the Settlement Agreement between the parties. Signed by Judge Michael M. Anello on 6/11/2010. (leh)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// 41826-5291/LEGAL18448918.1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA MICROSOFT CORPORATION, a Washington corporation, Plaintiff, v. BRIAN MONTGOMERY, an individual d/b/a BCM SYSTEMS CORPORATION a/k/a BCM SYSTEMS, Defendant. Case No. 09 CV 2248 MMA (AJB) ORDER GRANTING JOINT MOTION FOR DISMISSAL WITH PREJUDICE [Doc. No. 30] On June 11, 2010, Plaintiff Microsoft Corporation and Defendant Brian Montgomery, an individual doing business as BCM Systems Corporation, also known as BCM Systems ("Defendant"), submitted a Joint Motion pursuant to Federal Rule of Civil Procedure 41(a), requesting the Court dismiss the above-captioned action, with prejudice. [Doc. No. 30.] The Joint Motion further requested each party bear its own attorneys' fees and costs. Having considered the parties' Joint Motion, and good cause appearing therefore, the Court hereby GRANTS the Joint Motion. Accordingly, CASE NO. 09 CV 2248 MMA (AJB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED that Defendant is dismissed from the above-captioned action with prejudice, and each party shall bear its own attorneys' fees and costs. This Court shall retain jurisdiction to enforce the Permanent Injunction and the Settlement Agreement between the parties. The Clerk of Court is hereby instructed to terminate this case. IT IS SO ORDERED. Dated: June 11, 2010 HON. MICHAEL M. ANELLO United States District Judge 41826-5291/LEGAL18448918.1 -2- CASE NO. 09 CV 2248 MMA (AJB)

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