The opinion of the court was delivered by: Edward Chen United States District Judge
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER [Fed. R. Civ. P. 41(a)(2), (c)]
Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c), plaintiff EMC Corporation and 2 defendant Bright Response, LLC hereby stipulate to an order dismissing (1) plaintiff's declaratory 3 judgment claim of non-infringement WITH PREJUDICE; and (2) plaintiff's declaratory judgment claim of 4 invalidity WITHOUT PREJUDICE. There currently are no claims or counterclaims being asserted by 5 defendant in this action. Each party shall bear its own costs, expenses, and attorneys' fees. 6
CAME ON THIS DAY for consideration of the Stipulation of Dismissal of all claims asserted by 8 plaintiff EMC Corporation in the above-captioned action, and the Court being of the opinion that said Stipulation should be GRANTED. 10
It is hereby ORDERED, ADJUDGED, AND DECREED that (1) plaintiff's declaratory 11 judgment claim of non-infringement is hereby dismissed WITH PREJUDICE; and (2) plaintiff's 12 declaratory judgment claim of invalidity is hereby dismissed WITHOUT PREJUDICE. It is further 13
ORDERED that all attorneys' fees and costs are to be borne by the party that incurred them. 14 15
DATED: January 11, 2013 QUINN EMANUEL URQUHART & SULLIVAN, LLP By /s/ Patrick Curran Patrick Curran Attorneys for Plaintiff EMC Corporation DATED: January 11, 2013 BLACK CHANG & HAMILL LLP By /s/ Andrew Hamill Andrew Hamill Attorneys for Defendant Bright Response, LLC
I, Andrew M. Holmes, hereby attest that concurrence in the filing of this document has 3 been obtained from Andrew Hamill, counsel for Bright Response, LLC. I declare under penalty of 4 perjury that the foregoing is true and correct. 5
Executed this 11th day of January, 2013 in San Francisco, California.
By /s/ Andrew M. Holmes Andrew M. Holmes
PURSUANT TO STIPULATION, IT IS ...