United States District Court, Northern District of California, San Francisco
April 16, 2003
PATHLINK TECHNOLOGY CORPORATION, PLAINTIFF, VS. STEVE EASTON, AN INDIVIDUAL, APISC-WORLDWIDE, A BUSINESS, AND DOES 1-10, INCLUSIVE DEFENDANTS.
The opinion of the court was delivered by: James Larson, Magistrate Judge
STIPULATION AND ORDER RE: DISMISSAL OF ACTION
Pursuant to Fed.R.Civ.Pro. 41(a), Plaintiff Pathlink Technology Corporation ("PTC") and Apic-Worldwide ("APIC") Steve Easton ("EASTON") (collectively the "Parties") stipulate, through their counsel, as follows:
1. The action shall be dismissed, with prejudice, with
each party to bear its own costs, with the exception
that the court will retain jurisdiction for 45 days
from March 31, 2003 (i.e., to and including May 15,
2003), for the purpose of enforcing the Settlement and
Release Agreement entered into by the Parties.
2. In accordance with the provisions of Title 28,
U.S.C. § 636(c), the Parties hereby voluntarily
consents to have a United States Magistrate Judge
conduct any and all further proceedings with respect
to the conditional dismissal and enforcement of the
settlement agreement on or before May 15, 2003.
Based on the stipulation of counsel, and good cause appearing therefore,
IT IS HEREBY ORDERED:
1. This action is dismissed, with prejudice, with the
exception that the Court will retain jurisdiction up
to and including May 15, 2003 to enforce the
Settlement and Release agreement entered into between
the parties; and
2. Provided that no motion to enforce the Settlement
and Release agreement is filed on or before May 15,
2003, this action will be dismissed in its entirety
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