Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

GAMASONIC LTD. v. OCTOPUS

United States District Court, S.D. California


September 21, 2005.

GAMASONIC LTD., an Israeli corporation, and GAMA SONIC INDUSTRIES (HK) LTD., a Hong Kong corporation, Plaintiffs,
v.
OCTOPUS, LLC, a California limited liability company, AVRAHAM RAZ, an individual, and PACIFIC IMAGE, an unknown entity, Defendants.

The opinion of the court was delivered by: NITA STORMES, Magistrate Judge

STIPULATED DISMISSAL AND AGREEMENT TO ENTER CONSENT JUDGMENT CONTINGENT ON DEFAULT AND ORDER THEREON
Plaintiffs' Gamasonic Ltd. and Gama Sonic Industries (HK) Ltd. (collectively hereinafter "Gamasonic"), and Defendants' Octopus, LLC, Avraham Raz, and Pacific Image (collectively hereinafter "Octopus"), have agreed to enter into a Confidential Settlement Agreement that was signed in conjunction with filing this Stipulated Dismissal and Agreement to Enter Consent Judgment Contingent on Default and [Proposed] Order Thereon, and through their respective attorneys of record, pursuant to the provisions of Rule 41(a)(2) of the Federal Rules of Civil Procedure and the Local Rules of this Court, and subject to this Court's approval, stipulate as follows:

  1. The above-captioned action shall be dismissed with prejudice in its entirety.

  2. With the exception as stipulated in paragraphs 4, 5 and 6 below, the parties shall bear their own attorneys' fees and costs in the action.

  3. The Magistrate Judge shall retain jurisdiction over all disputes between, or among the parties arising out of the Settlement Agreement, including but not limited to interpretation and enforcement of the terms of the Settlement Agreement, and the Parties agree to submit to continuing and exclusive jurisdiction in the United States District Court for the Southern District of California for purposes of any proceedings to interpret or enforce the Settlement Agreement

  4. That if any action at law or in equity is necessary to enforce the terms of the Settlement Agreement, the prevailing Party will be entitled to its reasonable costs and attorney fees in addition to any other relief to which such prevailing Party may be entitled.

  5. That Octopus acknowledges and agrees that, in the event that it violates the injunctive provisions of the Settlement Agreement, Gamasonic will suffer immediate irreparable harm and shall be entitled to equitable relief in the form of an immediate injunction prohibiting Octopus, and those acting in concert with it, from continued violation of the Settlement Agreement plus all Gamasonic's costs and attorney fees associated with enforcing the Settlement Agreement. 6. In the event of Octopus' Default under the payment terms of the Settlement Agreement, the Court shall enter a Consent Judgment, in the form proposed below, against Octopus, LLC, Avraham Raz, and Pacific Image, jointly and severally, to pay Gamasonic forty thousand dollars ($40,000), plus a reasonable interest on the forty thousand dollars ($40,000) from the date of default, plus all Gamasonic's costs and fees resulting from collecting the Consent Judgment.

  Proposed Form of Consent Judgment Contingent on Default

  "Plaintiffs' Gamasonic Ltd. and Gama Sonic Industries (HK) Ltd. (collectively hereinafter "Gamasonic"), and Defendants' Octopus, LLC, Avraham Raz, and Pacific Image (collectively hereinafter "Octopus"), have entered into a Confidential Settlement Agreement that was signed in conjunction with filing a Stipulated Dismissal and Agreement to Enter Consent Judgment Contingent on Default and Order Thereon (hereinafter the "Dismissal"). Octopus has defaulted under the payment terms of the Settlement Agreement. Accordingly, as so stipulated in the Dismissal, this Consent Judgment against Octopus, LLC, Avraham Raz, and Pacific Image, jointly and severally, to pay Gamasonic forty thousand dollars ($40,000), plus a reasonable interest on the forty thousand dollars ($40,000) from the date of default, plus all Gamasonic's costs and fees resulting from collecting the Consent Judgment, is hereby SO ORDERED." ORDER

  The foregoing Proposed Stipulated Dismissal and Agreement to Entry of Consent Judgment Contingent on Default and [Proposed] Order Thereon having been received and considered by the Court, and good cause appearing therefore, it is hereby SO ORDERED.

20050921

© 1992-2005 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.