Filed: Dec. 28, 2016
Latest Update: Dec. 28, 2016
Summary: STIPULATED AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE RICHARD SEEBORG , District Judge . Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Petitioner Apple Inc. ("Apple") and Respondents BYD Precision Manufacturing Co., Ltd. and BYD Company Limited ("Respondents") hereby submit the following Stipulation for Dismissal Without Prejudice. WHEREAS Apple and Respondents executed a Settlement Agreement on or about December 20, 2016; WHEREAS Apple and BYD Company Limite
Summary: STIPULATED AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE RICHARD SEEBORG , District Judge . Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Petitioner Apple Inc. ("Apple") and Respondents BYD Precision Manufacturing Co., Ltd. and BYD Company Limited ("Respondents") hereby submit the following Stipulation for Dismissal Without Prejudice. WHEREAS Apple and Respondents executed a Settlement Agreement on or about December 20, 2016; WHEREAS Apple and BYD Company Limited..
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STIPULATED AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE
RICHARD SEEBORG, District Judge.
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Petitioner Apple Inc. ("Apple") and Respondents BYD Precision Manufacturing Co., Ltd. and BYD Company Limited ("Respondents") hereby submit the following Stipulation for Dismissal Without Prejudice.
WHEREAS Apple and Respondents executed a Settlement Agreement on or about December 20, 2016;
WHEREAS Apple and BYD Company Limited are contemporaneously filing with the United States Court of Appeals for the Ninth Circuit a Stipulated Motion to Voluntarily Dismiss BYD Company Limited's appeal from this Court's March 2, 2016 Order;
NOW, THEREFORE, It is hereby agreed by the parties and ordered by the Court that:
1. The above matter is dismissed without prejudice as to Apple's claims and with prejudice as to Respondents' defenses; and
2. Each side shall bear its own costs and fees.
IT IS SO ORDERED.
Pursuant to Civil Local Rule 5-1(i), the filer attests that concurrence in the filing of this document has been obtained from the signatories above.
/s/Harrison J. Frahn IV
Harrison J. Frahn IV
