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Zinus, Inc. v. Simmons Bedding Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 28, 2008

ZINUS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
SIMMONS BEDDING COMPANY, A DELAWARE CORPORATION, AND DREAMWELL, LTD., A LIMITED LIABILITY COMPANY OF NEVADA, DEFENDANTS.
DREAMWELL, LTD., A LIMITED LIABILITY COMPANY OF NEVADA, COUNTERCLAIMANT,
v.
ZINUS, INC., A CALIFORNIA CORPORATION, COUNTERCLAIM DEFENDANT.

The opinion of the court was delivered by: Hon. Patricia V. Trumbull United States Magistrate Judge

STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT ORDER DISMISSING ACTION TO F. R. CIV. P. 41(A)(1) AND [PROPOSED] WITH PREJUDICE

The Honorable Patricia V. Trumbull

Plaintiff and counterclaim defendant ZINUS, INC., defendant SIMMONS BEDDING COMPANY, and defendant and counterclaimant DREAMWELL, LTD., through their counsel of record, hereby stipulate and move that this entire action, including all claims and counterclaims, be dismissed with prejudice pursuant to F. R. Civ. P. 41(a)(1) and the terms of the parties' April 21, 2008 Settlement Agreement. Each party shall bear its own attorneys' fees and costs.

IT IS SO STIPULATED.

I, Darien K. Wallace, hereby attest that concurrence in the filing of this document has been obtained from the other signatory.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on April 25, 2008 in Brentwood, California.

The case set forth above, having been noticed for dismissal by stipulation of both parties, is hereby dismissed with prejudice.

20080428

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