Brecheisen v. Blue Collar Production, LLC

Filing 97

ORDER Granting 96 the Joint Stipulation and Motion to Dismiss. It is further ORDERED that the EPTLA, As Amended represents the agreement of the parties as a settlement of this case and may be enforced by specific performance for as long as the Court retains jurisdiction of this matter and of the parties pursuant to this Order. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), all of plaintiff's claims against defendant are dismissed with prejudice and all of defendant's claims against plaintiff are dismissed with prejudice, with each party to bear his or its own attorney's fees and costs, by Judge Philip A. Brimmer on 2/15/2016. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 15-cv-01132-PAB-KLM
MARION BRECHEISEN,
Plaintiff,
v.
BLUE COLLAR PRODUCTION, LLC,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on the Joint Stipulation and Motion to
Dismiss [Docket No. 96] filed by plaintiff Marion Brecheisen and defendant Blue Collar
Production, LLC.
Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the Court may
order dismissal on terms that it deems proper upon motion of the parties. The Court
finds that dismissal of all pending claims in this matter is proper.
The Court finds that the parties have agreed to ratify and enforce the Exclusive
Patent and Trademark License Agreement of March 26, 2015 (“EPTLA”) as amended
by the Amendment to Exclusive Patent and Trademark License Agreement of February
7, 2017 (“Amendment”) (collectively, “EPTLA, As Amended”). The EPTLA, As
Amended is attached hereto as Exhibit A and its terms incorporated into this Order.
Therefore, it is

ORDERED that the Joint Stipulation and Motion to Dismiss [Docket No. 96] is
granted. It is further
ORDERED that the EPTLA, As Amended represents the agreement of the
parties as a settlement of this case and may be enforced by specific performance for as
long as the Court retains jurisdiction of this matter and of the parties pursuant to this
Order. It is further
ORDERED that the Court will retain jurisdiction of this case for the purpose of
specifically enforcing the following obligations set forth in the EPTLA, As Amended:
A.

Plaintiff Marion Brecheisen’s obligation to provide all records, materials,
and any other information related to the Intellectual Property in his
possession, custody, or control, including all patent prosecution materials
and any information relating to the patent validity and the claim scope on
or before March 31, 2017;

B.

Plaintiff Marion Brecheisen’s obligation to make himself available within
ninety days upon a mutually agreeable date and time to be interviewed by
defendant Blue Collar Production, LLC’s patent counsel at the law offices
of plaintiff’s counsel, concerning the Intellectual Property; and

C.

Plaintiff Marion Brecheisen’s obligation to provide all reasonable
documents to enable Blue Collar Production to move forward on the
EPTLA, As Amended, including information in his possession, custody, or
control concerning the Intellectual Property. It is further

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ORDERED that, pursuant to Fed. R. Civ. P. 41(a), all of plaintiff’s claims against
defendant are dismissed with prejudice and all of defendant’s claims against plaintiff
are dismissed with prejudice, with each party to bear his or its own attorney’s fees and
costs.

DATED February 15, 2017.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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Exhibit A