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Artifex Software Inc. v. Diebold Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 25, 2009

ARTIFEX SOFTWARE INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
DIEBOLD INC., AN OHIO CORPORATION, PREMIER ELECTION SOLUTIONS, INC., A DELAWARE CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: Honorable Judge Samuel United States District Court Judge

STIPULATED DISMISSAL OF ALL CLAIMS WITH PREJUDICE AND [PROPOSED] ORDER

STIPULATION

Plaintiff Artifex Software, Inc. ("Plaintiff") and Defendants Diebold Inc. and Premier Election Solutions, Inc. ("Defendants") hereby agree and stipulate as follows:

1. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff hereby dismisses with prejudice all claims asserted against Defendants.

2. Plaintiff and Defendants shall each bear their own attorneys' fees and costs incurred in connection with this action.

SO STIPULATED.

Dated: June 25, 2009

O'MELVENY & MYERS LLP By: Luann L. Simmons Luann L. Simmons Darin W. Snyder (SBN 136003) dsnyder@omm.com Luann L. Simmons (SBN 203526) lsimmons@omm.com O'MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111-3823 Telephone: 415-984-8700 Facsimile: 415-984-8701 Attorneys for Plaintiff ARTIFEX SOFTWARE, INC.

Dated: June 25, 2009

JONES DAY Gregory L. Lippetz Tharan Gregory Lanier (SBN 138784) tglanier@jonesday.com Gregory L. Lippetz (SBN 154228) glippetz@jonesday.com Jane L. Froyd (SBN 220776) jfroyd@jonesday.com JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: 650-739-3939 Facsimile: 650-739-3900 Attorneys for Defendants DIEBOLD, INC. and PREMIER ELECTION SOLUTIONS, INC.

Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest 2 under penalty of perjury that concurrence in the filing of the document has been obtained from Gregory L. Lippetz.

Dated: June 25, 2009

Luann L. Simmons Attorneys for Plaintiff ARTIFEX SOFTWARE, INC.

IT IS SO ORDERED

20090625

© 1992-2009 VersusLaw Inc.



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