United States District Court, N.D. California, Oakland Division
November 17, 2005.
SIMCO Formalwear, Plaintiff,
ColorTek, Inc., Defendant.
The opinion of the court was delivered by: CLAUDIA WILKEN, District Judge
STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED] ORDER
STIPULATION FOR DISMISSAL WITH PREJUDICE
Pursuant to Federal Rule of Civil Procedure 41 (a)(1),
Plaintiff SIMCO FORMALWEAR and Defendant COLORTEK, INC. hereby
stipulate to the dismissal with prejudice of this action in its
entirety, with each party bearing its own fees, costs and
The Parties further stipulate that the Order and Stipulation to
Dismiss Without Prejudice entered on December 14, 2004 should be
vacated and request that the Court enter the below Order
dismissing this matter with prejudice in its place.
The Order and Stipulation to Dismiss Without Prejudice entered
on December 14, 2004 is vacated and the Court hereby orders,
pursuant to the stipulation of the parties, that this action,
including all claims and counterclaims, is dismissed with
prejudice in its entirety. Each party shall bear its own fees,
costs and expenses.
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