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Martone v. Burgess

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


August 4, 2009

MASSIMILIANO MARTONE, AN INDIVIDUAL; MARTONE RADIO TECHNOLOGY, INC., A NEVADA CORPORATION, PLAINTIFFS,
v.
DAVID BURGESS, AN INDIVIDUAL; KESTREL SIGNAL PROCESSING, INC., A CALIFORNIA CORPORATION; RANGE NETWORKS, INC. DEFENDANTS.

The opinion of the court was delivered by: The Honorable Claudia Wilken

STIPULATION AND ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO RULE 41(A)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE

Plaintiffs Massimiliano Martone ("Martone") and Martone Radio Technology, Inc. ("MRT") and defendants David Burgess ("Burgess"), Kestrel Signal Processing, Inc. (Kestrel") and Range Networks, Inc. ("Range"), (collectively, the "Parties"), by and through their respective attorneys, stipulate and agree that the Court may make and enter its Order as follows:

1. The Parties have resolved this action and jointly agree to dismiss the complaint and the above referenced action with prejudice, in its entirety, by way of a stipulation and 3 proposed order filed pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure.

2. Accordingly, the Parties, by and through their respective counsel, stipulate and agree that the complaint and the above referenced action be dismissed with prejudice and that any injunction(s) entered in the action be dissolved forthwith. The Parties further stipulate that each party is to bear his or its own attorneys' fees and costs of suit.

IT IS SO STIPULATED.

Kevin D. Lally (SBN 095374) Edward Romero (SBN 148495) Bollinger Canyon Road, Suite 500 San Ramon, California

GREENAN, PEFFER, SALLANDER & LALLY, LLP Telephone: (925) 866-1000 Facsimile: (925) 830-8787 Email: Eromero@gpsllp.com Attorneys for Plaintiffs MASSIMILIANO MARTONE and MARTONE RADIO TECHNOLOGY, INC.

Mary McNamara (SBN 147131) August Gugelmann (SBN 240544) 6111 300 Montgomery Street, Suite 1100 San Francisco, California 94104

SWANSON, MCNAMARA & HALLER LLP Telephone: (415) 477-3800 Facsimile: (415) 477-9010 Email: mmcnamara@smhlegal.com Attorneys for Plaintiffs MASSIMILIANO MARTONE and MARTONE RADIO TECHNOLOGY, INC.

Christopher W. Sweeney (SBN 143217) Law Offices of Christopher W. Sweeney 1500 Oliver Road, Suite K, PMB 321 Fairfield, California 94533 Telephone: (707) 435-1244 25 Facsimile: (707) 435-1245 cwslaw@comcast.net Attorneys for Defendants DAVID BURGESS, KESTREL SIGNAL PROCESSING, INC., and RANGE NETWORKS, INC.

ORDER

Pursuant to the stipulation of plaintiffs Massimiliano Martone and Martone Radio Technology, Inc. and defendants David Burgess, Kestrel Signal Processing, Inc. and Range Networks, Inc., IT IS HEREBY ORDERED THAT the complaint in this action, and the action in its entirety, be and is hereby dismissed with prejudice, and that any injunction(s) entered in the action be and hereby are dissolved forthwith. Each party is to bear his or its own attorneys' fees and costs of suit.

IT IS SO ORDERED.

CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

20090804

© 1992-2009 VersusLaw Inc.



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