Rubbermaid Incorporated et al v. Ergotron Inc

Filing 45

ORDER granting 43 Joint MOTION for Vacatur of the Court's Claim Construction Order to Facilitate Settlement and Dismissal of this Action. The parties shall file with this Court within fourteen (14) days a stipulation of voluntary dismissal communicating that a final settlement has been reached as to all issues in this case. Signed by District Judge Robert J. Conrad, Jr on 6/25/2014. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-cv-416-RJC-DSC
RUBBERMAID INCORPORATED d/b/a
RUBBERMAID MEDICAL SOLUTIONS,

)
)
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Plaintiff,
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vs.
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ERGOTRON, INC.,
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Defendant.
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________________________________________ )

ORDER

THIS MATTER comes before the Court on the parties’ joint motion for Vacatur of the
Court’s Claim Construction Order to Facilitate Settlement, (Doc. 43), and memorandum in
support, (Doc. 44). In this motion, the parties informed the Court that they had reached an
agreement as to all material issues in dispute, and that a settlement had been reached contingent
upon the Court’s vacating the claim construction order issued on March 11, 2014 (Doc. 42).
Having reviewed the matter, the Court grants the parties’ motion (Doc. 43), contingent
upon the parties filing within fourteen (14) days a stipulation of voluntary dismissal reflecting a
complete settlement between the parties. Upon receipt of a joint stipulation of dismissal, the
Court will vacate the claim construction order (Doc. 42).
IT IS, THEREFORE, ORDERED that the parties shall file with this Court within
fourteen (14) days a stipulation of voluntary dismissal communicating that a final settlement has
been reached as to all issues in this case. A failure to file such order within the appropriate time
may result in a denial of the motion to vacate.
Signed: June 25, 2014

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