United States District Court, S.D. California
October 19, 2005.
SCANTIBODIES LABORATORY, INC., a California corporation, Plaintiff,
IMMUTOPICS, INC., a California corporation, and IMMUTOPICS INTERNATIONAL, LLC, a California limited liability company, Defendants.
The opinion of the court was delivered by: IRMA GONZALEZ, District Judge
STIPULATION DISMISSING ACTION WITHOUT PREJUDICE
WHEREAS, the above-captioned action was filed in order to move
to quash the third-party deposition subpoena served by
Immutopics, Inc. upon Dr. Richard Lerner in connection with
litigation pending in the district court for the Central District
of California, Scantibodies Laboratory Inc. v. Immutopics,
Inc., Case No. CV 04-8871 GPS (MANx);
WHEREAS, the litigation pending in the Central District of
California has been stayed by court order pending the outcome of
reexamination proceedings in the United States Patent and
WHEREAS, Immutopics has voluntarily withdrawn the deposition
subpoena it served on Dr. Lerner in light of the stay of the
litigation in the Central District of California, without
prejudice to its right to serve a new subpoena when the
IT IS HEREBY STIPULATED, by and between the parties, through
their counsel of record, as follows:
(1) The above-captioned action, Case No. 05-CV-1643 IEG (BLM)
is dismissed WITHOUT PREJUDICE pursuant to Rule 41 (a) of the
Federal Rules of Civil Procedure;
(2) Dr. Lerner reserves the right to file a new motion to quash
in the event Immutopics serves a new deposition subpoena when the
underlying litigation resumes.
IT IS SO STIPULATED.
IT IS SO ORDERED.
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