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Namco Bandai Games Inc. v. Eagle Distributing Inc.

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,
v.
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))

Hansen Way

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.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20090121

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