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IMAGELINE v. INTERNATIONAL MICROCOMPUTER SOFTWARE

United States District Court, Northern District of California, San Francisco Division


April 28, 2003

IMAGELINE, INC., PETITIONER, VS. INTERNATIONAL MICROCOMPUTER SOFTWARE, INC., RESPONDENT.

The opinion of the court was delivered by: Bernard Zimmerman, United States Magistrate Judge

STIPULATION AND ORDER VACATING JUDGMENT AND DISMISSING ACTION WITH PREJUDICE
WHEREAS, petitioner Imageline, Inc. ("Imageline") and respondent International Microcomputer Software, Inc. ("IMSI") have entered into a written Settlement Agreement and Mutual General Release dated April 18, 2003 ("Settlement Agreement") fully and finally resolving, among other things, the above-entitled action; and

WHEREAS, the Settlement Agreement provides, among other things, that the $2,609,531.20 Judgment entered in this action against IMSI and in favor of Imageline on February 29, 2000 be vacated and this action dismissed with prejudice, each side to bear its own costs;

NOW, THEREFORE, Imageline and IMSI, through counsel, hereby enter into the following stipulation:

1. The $2,609,531.20 Judgment entered in this action against IMSI and in favor of Imageline on February 29, 2000 shall be vacated and set aside, and said Judgment shall be of no further force and effect; and
2. The above-entitled action shall be dismissed in its entirety with prejudice, each side to bear its own costs.
ORDER

Pursuant to the above stipulation, and good cause appearing therefor, IT IS HEREBY ORDERED THAT the $2,609,531.20 Judgment entered in this action against IMSI and in favor of Imageline on February 29, 2000 is vacated and set aside, and said Judgment shall be of no further force and effect. It is further ordered that the above-entitled action be and hereby is dismissed in its entirety with prejudice, each si bear its own costs.

20030428

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