UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
February 11, 2013
EMECO INDUSTRIES, INC.
RESTORATION HARDWARE, INC., GARY FRIEDMAN, AND DOES 1-10. 20 DEFENDANTS.
The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge
STIPULATION TO DISMISS ACTION; [PROPOSED] ORDER THEREON
Plaintiff Emeco Industries, Inc. ("Plaintiff"), and Defendants
Restoration Hardware, Inc.
and Gary Friedman ("Defendants") hereby stipulate through their
respective attorneys as 3 follows: 4
WHEREAS, on October 1, 2012, Plaintiff filed a Complaint for Federal Trade Dress and Trademark Counterfeiting and Infringement; Federal Dilution; Common Law Trade Dress and Trademark Infringement; Violation of Cal. Bus. & Prof. Code §§ 14330 et seq.; and Violation of Cal. Bus. & Prof. Code §§ 17200 et seq.
WHEREAS, on December 6, 2012, the Court granted in part and denied in part Defendants' Motion to Dismiss and afforded Plaintiff leave to amend the Complaint; 10
WHEREAS, on January 4, 2013, Plaintiff filed a First Amended Complaint for Federal Trade Dress Counterfeiting and Infringement; Federal Trademark Infringement; Federal 12
Dilution; Common Law Trade Dress and Trademark Infringement; Violation of Cal. Bus. & 13
Prof. Code §§ 14247 et seq.; and Violation of Cal. Bus. & Prof. Code §§ 17200 et seq. 14
WHEREAS, the parties have recently agreed to settle this matter;
WHEREAS, pursuant to Fed. R. Civ. P. 41(a)(1)(A), the parties jointly request that the Court dismiss this action with prejudice.
NOW THEREFORE, IT IS HEREBY STIPULATED that, subject to the Court's approval:
1. The First Amended Complaint shall be dismissed with prejudice.
Respectfully Submitted, Dated: February 8, 2013 Dated: February 8, 2013 2 3 /s/ Jonathan H. Blavin /s/ Wesley E. Overson JONATHAN H. BLAVIN WESLEY E. OVERSON 4 Jonathan.Blavin@mto.com WOverson@mofo.com 5 MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th MORRISON & FOERSTER LLP Floor 425 Market Street San Francisco, CA 94105 Telephone: (415) 512-4000 San Francisco, California 94105-2482 7 Facsimile: (415) 512-4077 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Plaintiff Emeco Industries, Inc. Attorneys for Defendants 9 Restoration Hardware, Inc. and Gary Friedman
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: February ___, 2013
ATTESTATION PURSUANT TO CIVIL L.R. 5-1(i)(3).
I, Jonathan H. Blavin, am the ECF User whose ID and password are being used to file this Stipulation to Dismiss Action and Proposed Order Thereon. In compliance with Civil L.R. 5- 1(i)(3), I hereby attest that Wesley E. Overson has concurred in this filing.
Dated: February 8, 2013 MUNGER, TOLLES & OLSON LLP /s/ Jonathan H. Blavin JONATHAN H. BLAVIN Jonathan.Blavin@mto.com
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