IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
August 7, 2012
BLINKY INC., A CALIFORNIA CORPORATION, PLAINTIFF,
EMT LIGHTING, INC., A CALIFORNIA CORPORATION, EMT TECHNOLOGIES, INC., A NEVADA CORPORATION, EMT TECHNOLOGIES, A SOLE PROPRIETORSHIP, GEORGE DANIEL WALLER, AN INDIVIDUAL, ROBERT -- HENDERSON, AN INDIVIDUAL, AND DOES 1 100, DEFENDANTS.
The opinion of the court was delivered by: The Honorable Saundra B. Armstrong United States District Judge
Anne Hiaring Hocking, Cal. Bar No. 88639 firstname.lastname@example.org 2 Vijay K. Toke, Cal. Bar No. 215079 email@example.com 3 4 HIARING SMITH, LLP 101 Lucas Valley Road, Suite 300 5 San Rafael, CA 94903 Telephone: (415) 457-2040 6 Facsimile: (415) 457-2822 Attorneys for Plaintiff/Counterdefendant 7 BLINKY INC.
STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE [Fed. R. Civ. P. 41(a)(1)(A)(ii)]; ORDER Action Filed 11/10/2011
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS HEREBY STIPULATED by and between BLINKY, INC. ("Plaintiff" and "Counterdefendant") and GEORGE 4 DANIEL WALLER and SHERRY J. WALLER, as Husband & Wife dba ENERGY 5 MANAGEMENT TECHNOLOGIES ("Defendants" and "Counterclaimants"), by and through their 6 respective counsel of record herein, that the entirety of the above-captioned action, including 7 Plaintiff's Complaint as to all named defendants, and all claims therein, Counterclaimant's 8 Counterclaims, and all claims therein, shall be dismissed WITH PREJUDICE, and all claims 9 against DOE defendants shall be dismissed WITHOUT PREJUDICE. 10
The parties further stipulate and request that the Court retain jurisdiction to enforce the terms 11 of the Settlement Agreement in this action. 12
The parties stipulate that each party is to bear its own fees and costs.
IT IS SO STIPULATED.
CERTIFICATE OF SERVICE
STATE OF CALIFORNIA, COUNTY OF MARIN
I am employed in the County of Marin, State of California; my business address is 101 Lucas Valley Road, Suite 300, San Rafael, California 94903; I am over the age of 18 and not a party to the within action. On August 7, 2012, I served the following document(s): 4
1. STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE
[Fed. R. Civ. P. 41(a)(1)(A)(ii)];ORDER
on the parties shown below: 7
David E. Newhouse, Esq. Newhouse & Associates Twin Oaks Office Plaza, Suite 112 477 Ninth Avenue San Mateo, CA 94402 Attorney for Defendants & Counterclaimants: George Daniel Waller Sherry J. Waller Husband and Wife dba Energy Management Technologies
__X__ (BY MAIL) I am readily familiar with the firm's practice for the processing of mail; on this date, the above-referenced documents were placed for collection and delivery by the U.S. Postal Service following ordinary business practices.
__X__ Federal: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
Executed this 7th day of August 2012 at San Rafael, California. /s/ Gerie Johnson Gerie Johnson
CERTIFICATE OF SERVICE
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