The opinion of the court was delivered by: Lucy H. Koh United States District Court Judge
WHEREAS, Aerielle IP Holdings LLC ("Aerielle IP") claims to be the current owner of 24 the two patents asserted in the present litigation;
WHEREAS Aerielle IP and the current plaintiff, Aerielle Technologies, Inc. ("Aerielle 26 Tech"), have moved the Court to substitute Aerielle IP for Aerielle Tech as the plaintiff in the 27 present litigation;
STIPULATION AND [PROPOSED] ORDER TO JOIN AERIELLE IP HOLDINGS LLC AS A NAMED PLAINTIFF
WHEREAS, the parties, including Aerielle IP, have reached a global settlement of the present litigation as to all claims, defenses and counterclaims;
WHEREAS, the parties desire all of the claims and counterclaims of the present litigation 4 to be dismissed with prejudice as to all parties, including Aerielle IP, so as to ensure that the 5 Dismissal with Prejudice is fully effective according to the intent of the global settlement;
WHEREAS, the parties hereby stipulate and agree, by and through their attorneys of 7 record, that Aerielle IP be joined pursuant to Fed. R. Civ. P. 25(c) as a plaintiff with the original 8 plaintiff Aerielle Tech.
NOW THEREFORE, having shown good cause, the parties respectfully request the entry 10 of an Order joining Aerielle IP as a co-plaintiff in this litigation with Aerielle Tech.
DATED: December 16, 2011 DICKSTEIN SHAPIRO LLP 15 By: /s/ Robert W. Dickerson 16 Robert W. Dickerson Attorneys for Defendants 17 18 DATED: December 16, 2011 DLA PIPER LLP (US) 19 20 By: /s/ Christine Corbett Christine Corbett Attorneys for Plaintiff
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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