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H-W Technology v. L.C.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 28, 2012

H-W TECHNOLOGY,
PLAINTIFF,
v.
L.C., APPLE INC., DEFENDANT.

The opinion of the court was delivered by: Magistrate Judge Joseph C. Spero

STIPULATION OF DISMISSAL PURSUANT TO FRCP 41 AND [PROPOSED] ORDER

Pursuant to Fed. R. Civ. P. 41(a)(2) and (c), Plaintiff H-W Technology L.C.

("H-W") and Defendant Apple Inc. ("Apple"), hereby move for an order dismissing all claims 3 brought by H-W in this action WITH PREJUDICE, and dismissing all counterclaims brought by 4

Apple in this action WITHOUT PREJUDICE. Each party will bear its own costs, expenses and 5 attorneys' fees. 6

IT IS SO STIPULATED AND AGREED.

Dated: August 22, 2012 NAVARRO HUFF, PLLC By: /s/ Winston O. Huff Winston O. Huff Attorneys for Plaintiff H-W TECHNOLOGY, L.C.

Dated: August 22, 2012 SIMPSON THACHER & BARTLETT LLP By: /s/ Patrick E. King Patrick E. King Attorneys for Defendant APPLE INC.

[PROPOSED] ORDER

On this day, Plaintiff H-W Technology and Defendant Apple Inc., announced to the Court that they have settled their respective claims for relief asserted in this cause. The Court, 4 having considered this request, is of the opinion that their request for dismissal should be granted. 5

IT IS THEREFORE ORDERED that all claims for relief asserted against Apple Inc. by H-W Technology herein are dismissed, with prejudice, and all counterclaims for relief 7 against H-W Technology by Apple Inc. are dismissed without prejudice; and 8

IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses 9 shall be borne by each party incurring the same. S

ECF FILER'S ATTESTATION

I, Patrick E. King, as the e-filing signatory, attest that concurrence in filing this

3 document has been obtained from Winston O. Huff. In accordance with General Order 45, 4

Section X(B), I shall maintain a record of the original signatures to support this concurrence for 5 subsequent production for the Court if so ordered or for inspection upon request by a party until 6 one year after final resolution of the action. 7

Dated: August 22, 2012

By /s/ Patrick E. King

Patrick E. King

CERTIFICATE OF SERVICE

CASE NO. C 12-04045 JCS

20120828

© 1992-2012 VersusLaw Inc.



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