UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
January 21, 2009
NAMCO BANDAI GAMES INC., A JAPANESE CORPORATION, AND NAMCO BANDAI GAMES AMERICA, INC., A DELAWARE CORPORATION, (FED. R. CIV. P. 41(A)(1)(II)) PLAINTIFF,
EAGLE DISTRIBUTING INC., A NEVADA CORPORATION, SQUIRE, SANDERS & DEMPSEY L.L.P. DEFENDANT.
The opinion of the court was delivered by: Maxine M. Chesney United States District Court Judge
SUBMITTING COUNSEL ON SIGNATURE PAGE
STIPULATION OF DISMISSAL AND ORDER THEREON
Judge: The Honorable Maxine M. Chesney
Action Filed: November 8, 2007
STIPULATION OF DISMISSAL (FED.R.CIV.P.41(A)(1)(II))
Palo Alto, CA 94304-1043
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), plaintiffs NAMCO BANDAI GAMES INC. and NAMCO BANDAI GAMES AMERICA, INC. (collectively, "NAMCO") and defendant EAGLE DISTRIBUTING INC. ("Eagle") have entered into a confidential written settlement (the "Settlement Agreement") disposing of NAMCO's claims against Eagle.
Accordingly, NAMCO and Eagle, through their respective undersigned counsel of record, stipulate to dismissal of NAMCO's action against Eagle as follows:
1. All causes of action asserted by NAMCO are hereby dismissed with prejudice, subject to the parties' right to reopen and vacate the dismissal in the event of a breach of the parties' Settlement Agreement.
2. This Court shall retain jurisdiction of this matter for the purpose of resolving any controversy or claim arising out of or related to the Settlement Agreement.
3. NAMCO and Eagle shall bear their own fees and costs incurred in this action.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
© 1992-2009 VersusLaw Inc.