October 10, 2013
UBIQUITI NETWORKS, INC., a Delaware corporation, Plaintiff,
KOZUMI USA CORP., a Florida corporation; SHAO WEI HSU; DOES ONE THROUGH ONE HUNDRED, Defendants.
JENNIFER LEE TAYLOR (CA SBN 161368), ALEXEI KLESTOFF (CA SBN 224016), WHITNEY E. McCOLLUM (CA SBN 253039), MORRISON & FOERSTER LLP, San Francisco, California, Attorneys for Plaintiff, UBIQUITI NETWORKS, INC.
ROBERT HARKINS (State Bar No.179525), JIA-MING SHANG (State Bar No. 233326), SEDGWICK LLP, San Francisco, CA, Attorneys for Defendants KOZUMI USA CORP. and SHAO WEI HSU.
STIPULATION AND [PROPOSED] ORDER DISMISSING CERTAIN OF UBIQUITI'S CLAIMS AND DEFENDANTS' BREACH OF CONTRACT COUNTERCLAIM WITH PREJUDICE
CLAUDIA WILKEN, District Judge.
Pursuant to Federal Rule of Civil Procedure 41, the parties, by and through their respective counsel, hereby stipulate as follows:
WHEREAS, plaintiff Ubiquiti Networks, Inc. ("Ubiquiti") filed the Complaint in this action on May 18, 2012;
WHEREAS, Ubiquiti filed a First Amended Complaint ("FAC") on October 5, 2012, asserting claims for counterfeiting under 15 U.S.C. § 1114; trademark infringement under 15 U.S.C. § 1114; false designation of origin under 15 U.S.C. §1125(a); violation of the federal Computer Fraud and Abuse Act; violation of California's Comprehensive Computer Data Access and Fraud Act; direct copyright infringement under 17 U.S.C. § 101; contributory copyright infringement; vicarious copyright infringement; violation of California Business and Professions Code § 17200; violation of California Business and Professions Code § 17500; common law infringement and unfair competition; libel; and violation of the Tariff Act under 19 U.S.C. § 1526;
WHEREAS, defendants filed an Answer and Counterclaims on October 29, 2012;
WHEREAS, the Court granted Ubiquiti's motion to dismiss all of defendants' counterclaims except for defendant Kozumi USA Corp.'s claim for breach of contract;
WHEREAS, pursuant to stipulation, Ubiquiti filed a Second Amended Complaint in this action adding Daniel Hsu as a defendant, and asserting the same claims that were asserted in the FAC;
WHEREAS, the parties have agreed to settle this action;
WHEREAS, pursuant to that settlement, Kozumi has agreed to dismiss its breach of contract counterclaim with prejudice;
WHEREAS, pursuant to that settlement, Ubiquiti has agreed to dismiss with prejudice all of its claims except for its trademark and copyright infringement claims;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO THE APPROVAL OF THE COURT:
1. Kozumi USA Corp.'s breach of contract counterclaim is dismissed with prejudice.
2. Ubiquiti's claims for violation of the federal Computer Fraud and Abuse Act; violation of California's Comprehensive Computer Data Access and Fraud Act; violation of California Business and Professions Code § 17500; common law infringement and unfair competition; libel; and violation of the Tariff Act under 19 U.S.C. § 1526 are dismissed with prejudice.
3. All parties will bear their own attorney's fees and costs.
Respectfully submitted this 27th day of September, 2013.
Pursuant to the stipulation, it is SO ORDERED.