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YieldBoost Technologies, Inc. v. Photon Dynamics

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


July 26, 2010

YIELDBOOST TECHNOLOGIES, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
PHOTON DYNAMICS, INC., A CALIFORNIA CORPORATION, AND ORBOTECH, INC., A DELAWARE CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard Seeborg

[PROPOSED] ORDER GRANTING THIRD REQUEST TO EXTEND 30-DAY CONDITIONAL DISMISSAL [F.R.C.P. 41(a)]

[PROPOSED] ORDER

In consideration of the parties' third request to extend the previously-entered, voluntary 30-day Conditional Dismissal of the above-titled action, under Federal Rule of Civil Procedure 41(a),

IT IS HEREBY ORDERED THAT all scheduled dates remain VACATED, all claims asserted by Plaintiff herein shall be DISMISSED with prejudice, and all counterclaims asserted by Defendants herein shall be DISMISSED without prejudice, unless reinstated by any party within thirty (30) days -- on or before August 18, 2010. Plaintiff or Defendants may restore this matter to the Court's active docket in the event that the parties fail to fully execute a written settlement agreement on or before August 18, 2010.

IT IS SO ORDERED.

THE HONORABLE RICHARD SEEBORG United States District Court Judge

20100726

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