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Prodata MicroElectronics, Inc. v. 4Access Communications Co.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 5, 2008

PRODATA MICROELECTRONICS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
4ACCESS COMMUNICATIONS CO., A DELAWARE CORPORATION, DEFENDANT.

ORDER GRANTING JOINT MOTION TO DISMISS ENTIRE ACTION WITHOUT PREJUDICE

This matter comes before the Court pursuant to a joint motion following stipulation of the parties to dismiss this entire action without prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. The Court, having considered the joint motion and the files and records in this matter, and good cause appearing, hereby grants the parties' joint motion and orders as follows:

1. This entire action is dismissed without prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure.

2. Each party shall bear its own costs and attorneys' fees.

3. The Court shall and does retain jurisdiction to enter judgment in this matter against defendant and counterclaim plaintiff 4Access Communications Company ("4Access") pursuant to a Stipulation for Entry of Judgment among the parties in the event 4Access does not timely make a second settlement payment pursuant to the parties' settlement.

The Clerk of the Court is instructed to close the file.

IT IS SO ORDERED.

20080505

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