Smith Optics, Inc. v. Oakley, Inc. et al

Filing 35

ORDER granting 34 Joint Motion to Dismiss Defendant Eye Safety Systems, Inc. Only With Prejudice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ja)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
SMITH OPTICS, INC., an Idaho corporation,
Plaintiff,
v.
OAKLEY, INC., a Washington corporation; and
EYE SAFETY SYSTEMS, INC.,
a Delaware corporation,
Defendants.

AND RELATED COUNTERCLAIMS

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Case No. 1:12-cv-0120-BLW
ORDER GRANTING JOINT
MOTION TO DISMISS
DEFENDANT EYE SAFETY
SYSTEMS, INC. ONLY WITH
PREJUDICE

The Court having considered the parties’ Joint Motion to Dismiss Defendant Eye Safety
Systems, Inc. Only With Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), and for good
cause shown, hereby GRANTS the parties’ joint motion.
NOW THEREFORE IT IS HEREBY ORDERED that:
(1)

Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, all
claims, counterclaims and defenses currently pending between Smith and ESS
only are hereby dismissed with prejudice; and,

(2)

Smith and ESS shall bear their own costs and attorneys’ fees.

(3)

The Court shall retain jurisdiction over this matter to enforce compliance with
the Settlement Agreement.

DATED:

November

20,

2012

_________________________
B.LynnWinmill
ChiefJudgeUnitedStatesDistrictCourt

Order Granting Joint Motion to Dismiss as to Eye Safety Systems, Inc.
-1-