UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION)
October 26, 2009
SUNPOWER CORPORATION, SYSTEMS, A DELAWARE CORPORATION, PLAINTIFF AND COUNTER-DEFENDANT,
SUNLINK CORPORATION, A DELAWARE CORPORATION, DEFENDANT AND COUNTER-CLAIMANT.
The opinion of the court was delivered by: Hon. Saundra Brown Armstrong United States District Court Judge
STIPULATED DISMISSAL OF CLAIMS AND COUNTERCLAIMS AND [PROPOSED] ORDER
Pursuant to the parties' October 6, 2009 settlement agreement, Plaintiff SunPower Corporation, Systems and Defendant SunLink Corporation, by and through their undersigned counsel of record, hereby stipulate and move for an order dismissing the above-captioned case, including all claims and counterclaims, with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii). The parties further stipulate that each party shall be responsible for its own costs and attorneys fees related to this action.
The parties further stipulate and respectfully request that a Magistrate Judge of this Court retain jurisdiction to enforce the terms and conditions of the parties' October 6, 2009 settlement agreement resolving this matter.
Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Daralyn J. Durie.
PURSUANT TO STIPULATION, IT IS SO ORDERED that all claims and counterclaims in this case are dismissed with prejudice and that a Magistrate Judge of this Court shall retain jurisdiction to enforce the terms and conditions of the parties' October 6, 2009 settlement agreement.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on October 26, 2009, all counsel of record who are deemed to have consented to electronic service are being served with a copy of the ORDER via the Court's CM/ECF system per Local Rule 5-4 and General Order 45. Any other counsel of record will be served by first class mail.
Craig R. Compton
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