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Infovista S.A. v. Infovista Technology

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 22, 2008

INFOVISTA S.A., A FOREIGN CORPORATION, AND MED INFOVISTA CORPORATION, A DELAWARE CORPORATION, PLAINTIFFS,
v.
INFOVISTA TECHNOLOGY, INC., A CALIFORNIA CORPORATION, AND DOES 1-10, INCLUSIVE; DEFENDANTS.

AMENDED STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE, AND [PROPOSED] ORDER THEREON

STIPULATION FOR DISMISSAL WITH PREJUDICE

WHEREAS, plaintiffs INFOVISTA S.A. and INFOVISTA CORPORATION (collectively fiINFOVISTAfl) and defendant INFOVISTA TECHNOLOGY, INC. (fiINFOVISTA TECHNOLOGYfl), (the fiPARTIESfl) have entered into a Settlement Agreement and Mutual Release (the fiAgreementfl) which resolves the claims and defenses that were or could have been asserted in this action; and

WHEREAS, the PARTIES agree this Court has jurisdiction over the subject matter of this action and over all PARTIES to this action and consent that the Magistrate Judge should 10 retain jurisdiction over the Agreement;

NOW THEREFORE, IT IS HEREBY STIPULATED AND RESPECTFULLY REQUESTED BY ALL PARTIES TO THIS ACTION, THROUGH THEIR COUNSEL that this Court enter the [Proposed] Order attached below to this Stipulation, which Order provides for: 1) dismissal of this action with prejudice, with each PARTY to bear its own respective costs and attorneysTM fees incurred in connection with this action; and 2) retention of jurisdiction by the 6 Magistrate Judge over the Agreement.

IT IS SO STIPULATED.

ORDER

Pursuant to and based on the above Stipulation of plaintiffs INFOVISTA S.A. and INFOVISTA CORPORATION (collectively fiINFOVISTAfl) and defendant INFOVISTA TECHNOLOGY, INC. (fiINFOVISTA TECHNOLOGYfl) (the fiPARTIESfl), wherein the Parties have entered into a Settlement Agreement and Mutual Release (the fiAgreementfl) which resolves the claims and defenses that were or could have been asserted in this action and the Parties agree this Court has jurisdiction over the subject matter of this action and over all Parties to this action and the Magistrate Judge should retain jurisdiction over the Agreement, IT IS HEREBY

ORDERED THAT:

1. The Complaint in this action is dismissed with prejudice, and each PARTY shall bear its own respective attorneysTM fees and costs incurred in connection with this action.

2. The Magistrate Judge shall retain jurisdiction over the Agreement referred to in the PARTIESTM Stipulation.

IT IS SO ORDERED.

20080422

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