Bruks Rockwood, LLC v. FMW Industrieanlagenbau Gmbh et al

Filing 23

ORDER DISMISSING with prejudice Plaintiff's claims against Defendants IIT and Lampp. All claims against defendants in this case have now been resolved, this case is closed. Each party shall bear its own costs and fees. Signed by Judge J. Randal Hall on 6/26/15. (cmr)

IN THE UNITED

STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

BRUKS ROCKWOOD,

LLC,

*

Plaintiff,

*

v.

*

CV

114-234

*

FMW INDUSTRIEANLAGENBAU GMBH;
INTERNATIONAL

*

INDUSTRIAL

TECHNOLOGIES, INC.;
D. LAMPP, III,

*

and WALTER

*
*
*

Defendants.

*

ORDER

Presently
Industrial

before

the

Technologies,

Court

Inc.

is

Plaintiff,

("IIT"),

and

International

Walter

Ill's ("Lampp") Stipulated Dismissal with Prejudice.

As

the parties

have

reached

settlement

in

this

D.

Lampp,

(Doc. 21.)

matter,

they

request dismissal of Plaintiff's claims with prejudice pursuant
to

Federal

Rule

of

Civil

Procedure

41 (a) (1) (A) (ii) , as

well

as

entry of a consent judgment.

Pursuant to these parties' Consent Final Judgment

(Doc. 21-

1) and upon review of the Complaint, the Court FINDS:

1.

it has subject matter and personal jurisdiction over
Plaintiff,

IIT,

and Lampp;

2.

Venue is proper in this Court;

3.

Plaintiff
8,177,053

4.

IIT and Lampp, individually and jointly, acknowledge,
and this Court accepts such acknowledgement, that the

is the owner of United
(the "053 Patent");

053 Patent is valid and enforceable;

States

Patent

No.

5.

Plaintiff and IIT and Lampp have entered into a
confidential
settlement
agreement
("Settlement
Agreement")
resolving,
inter
alia,
all
claims
by
Plaintiff against IIT and Lampp in the above-captioned
suit;

6.

The

Settlement

covenants

not

Agreement
to

sue

includes

in

which

mutual

Plaintiff

releases
has

and

released

IIT and Lampp from any and all claims, obligations and
liability
to
Plaintiff
relating
to
claims
of
infringement of the 053 Patent; and
7.

The Court retains jurisdiction over Plaintiff,
IIT,
and Lampp for purposes of enforcing the terms of the
Settlement Agreement executed by these parties.

IT

IS

Defendants

Clerk

FURTHERED

IIT

SHALL

action,

Lampp

TERMINATE

IIT

are

that

Plaintiff's

DISMISSED

and

Lampp

WITH

as

claims

against

PREJUDICE.

defendants

in

The

this

as well as all deadlines and motions pertaining to them.

As
resolved,
bear its

and

ORDERED

all
the

claims
Clerk

own costs

against
SHALL

all

CLOSE

defendants

this

case.

have
Each

now

been

party

shall

and fees.

ORDER ENTERED at Augusta, Georgia, this J?^^ day of June,
2015.

HONORAELETJ. -'RANDAL HALL

UNITED^STATES DISTRICT JUDGE
1ERN DISTRICT OF GEORGIA