Interlates Limited et al v. Kemira Chemicals Inc. et al

Filing 32

CONSENT ORDER OF DISMISSAL. Signed by Judge Robert J. Bryan. (JL)

Interlates Limited et al v. Kemira Chemicals Inc. et al

Doc. 32

Case 3:04-cv-05834-RJB

Document 32

Filed 01/03/2006

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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 CONSENT ORDER OF DISMISSAL - 1 of 3
[interlates.consent.dis.ord.doc]

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA INTERLATES LIMITED AND EKA CHEMICALS (AC) LIMITED, ) ) ) Plaintiffs, ) ) v. ) ) KEMIRA CHEMICALS, INC., AND ) J.M. HUBER CORPORATION, ) ) Defendants. ) ) v. ) ) CIBA SPECIALTY CHEMICALS CORP. ) ) Third-Party Defendant. ) )

No. C04-5834RJB

CONSENT ORDER OF DISMISSAL IT APPEARING TO THE COURT that the Plaintiffs and Third-Party Defendant, Interlates Limited ("Interlates"), Eka Chemicals (AC) Limited ("Eka"), and Ciba

LAW OFFICES

GORDON, THOMAS, HONEYWELL, MALANCA, PETERSON & DAHEIM LLP
ONE UNION SQUARE 600 UNIVERSITY, SUITE 2100 SEATTLE, WASHINGTON 98101-4185 [phone] - FACSIMILE [phone]

Dockets.Justia.com

Case 3:04-cv-05834-RJB

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Specialty Chemicals Corp. ("Ciba") have reached an agreement with Defendant Kemira Chemicals, Inc. ("Kemira"), and that those parties consent hereto, it is: ORDERED, ADJUDGED AND DECREED that: 1. This Court has jurisdiction over Interlates, Eka, Ciba and Kemira to enter an

order of dismissal with respect to Kemira on Interlates and Eka's Complaint and with respect to Interlates, Eka and Ciba on Kemira's Counterclaims and Third Party Complaint. 2. The present cause, and all claims or counterclaims that have been asserted as

between Interlates, Eka, Kemira and Ciba relating to the Complaint and relating to Kemira's Counterclaims and Third Party Complaint are dismissed with prejudice to the others' rights to bring or reassert the same. This dismissal shall not diminish or alter in any way Interlates' and Eka's ability to seek and if appropriate recover full and complete damages from J.M. Huber Corporation for infringement under the Complaint. 3. The considerations set forth in a Settlement Agreement and agreed to by the

parties hereto shall constitute full and final settlement of any and all claims or counterclaims that have been asserted as between Interlates, Eka, Kemira and Ciba, based on occurrences up to and including the Effective Date of the Settlement Agreement. 4. All parties acknowledge that Kemira's failure to comply with the terms of the

Settlement Agreement and of this Order is likely to cause irreparable injury to Interlates and Eka for which no monetary remedy may be adequate. Therefore, Kemira hereby agrees that in the event of a breach of the obligations set forth in the Settlement Agreement or this Order, this Court may, upon motion by Interlates and/or Eka, enter injunctive relief that includes, but is not limited to, immediate, specific performance of any obligation that has not been duly performed.
CONSENT ORDER OF DISMISSAL - 2 of 3
[interlates.consent.dis.ord.doc]
LAW OFFICES

GORDON, THOMAS, HONEYWELL, MALANCA, PETERSON & DAHEIM LLP
ONE UNION SQUARE 600 UNIVERSITY, SUITE 2100 SEATTLE, WASHINGTON 98101-4185 [phone] - FACSIMILE [phone]

Case 3:04-cv-05834-RJB

Document 32

Filed 01/03/2006

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5.

Jurisdiction over the parties hereto is retained for the purpose of enabling any

of the parties to apply to this Court at any time for such further orders and directions as may be necessary or appropriate in relation to the construction and/or enforcement of any of the provisions hereof including those of the aforementioned Settlement Agreement. SO ORDERED: This 3rd day of January, 2006.

A
ROBERT J. BRYAN United States District Judge s/_____________________________ Gordon R. Coons Eley O. Thompson Gregory C. Bays LEYDIG, VOIT & MAYER, LTD. Two Prudential Plaza, Suite 4900 Chicago, IL 60601 Donald L. Anderson, WSBA #8373 EISENHOWER & CARLSON, PLLC 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 Attorneys for Plaintiffs and Third-Party Defendant

WE CONSENT: For Interlates, Eka and Ciba: 12/13/05 Date

For Kemira: 12/12/05 Date

s/__________________________________ Mark G. Honeywell, WSBA #01567 GORDON, THOMAS, HONEYWELL, MALANCA, PETERSON & DAHEIM One Union Square 600 University Street, Suite 2100 Seattle, WA 98101-4185 Clark G. Sullivan Bradley A. Slutsky KING & SPALDING LLP 191 Peachtree Street Atlanta, GA 30303-1763 Attorneys for Defendant Kemira Chemicals, Inc.
LAW OFFICES

CONSENT ORDER OF DISMISSAL - 3 of 3
[interlates.consent.dis.ord.doc]

GORDON, THOMAS, HONEYWELL, MALANCA, PETERSON & DAHEIM LLP
ONE UNION SQUARE 600 UNIVERSITY, SUITE 2100 SEATTLE, WASHINGTON 98101-4185 [phone] - FACSIMILE [phone]