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B&H Manufacturing Company, Inc. v. Sidel S.A.S.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 11, 2010

B&H MANUFACTURING COMPANY, INC., A CALIFORNIA CORPORATION DOING BUSINESS AS "B&H LABELING SYSTEMS," PLAINTIFF,
v.
SIDEL S.A.S., A FRENCH CORPORATION, SIDEL S.P.A., AN ITALIAN CORPORATION, SIDEL CANADA, INC., A CANADIAN CORPORATION, AND SIDEL, INC., A GEORGIA CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

JOINT STIPULATION AND ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE AND RETAINING JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT AND RELEASE

Plaintiff and Counterclaim Defendant B&H Manufacturing Company, Inc. and Defendants and Counterclaim Plaintiffs Sidel Participations (named in the Second Amended Complaint as Sidel S.A.S.), Sidel S.p.A., Sidel Canada, Inc., and Sidel, Inc. (Sidel entities collectively referred to as "Sidel") (collectively with B&H, the "Parties") in the above-captioned litigation (the "Action") by and through their respective counsel submit this Joint Stipulation and Order Dismissing the Entire Action with Prejudice and Retaining Jurisdiction to Enforce Settlement Agreement and Release.

WHEREAS, the Parties have entered into a confidential settlement agreement and release effective December 29, 2009 (the "Agreement & Release");

WHEREAS, the Parties agree that it is in their interest and the interest of efficiency and cost-effectiveness for this Court to retain jurisdiction over enforcement of the Agreement & Release;

THEREFORE, pursuant to the Agreement & Release, the Parties stipulate and agree that the Action in its entirety, including all claims by B&H and all counterclaims by Sidel, is hereby dismissed with prejudice, with each Party bearing its own attorneys' fees, costs, and expenses incurred in the Action. The Parties further stipulate and agree that, subject to the Court's approval, this Court will retain jurisdiction over enforcement of the Agreement & Release pursuant to Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381 (1994).

IT IS SO STIPULATED.

CROWELL & MORING LLP SUGHRUE MION, PLLC R. Scott Feldmann John B. Scherling Jonathan M. Lindsay Mark Boland Jennifer Burdman Raja N. Saliba Thomas E. Dietrich Brian K. Shelton Attorneys for Plaintiff and Attorneys for Defendants and Counterdefendant Counterclaimants

B&H MANUFACTURING SIDEL, INC., COMPANY, INC. SIDEL S.A.S. (now Sidel Participations), SIDEL CANADA, INC., and SIDEL S.p.A.

ORDER

Pursuant to the parties' stipulation, this case is hereby dismissed in its entirety, subject to the Court's retention of continuing jurisdiction to enforce the parties' settlement should that be necessary. The Clerk is hereby directed to close the file.

IT IS SO ORDERED.

20100111

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