Filed: Feb. 17, 2017
Latest Update: Feb. 17, 2017
Summary: ORDER GRANTING STIPULATION TO VOLUNTARILY DISMISS CASE; FRCP 41(a)(1)(A)(ii) S. JAMES OTERO , District Judge . On due and proper consideration of the Stipulation filed by Plaintiff HIOSSEN, INC. and Defendants EUGENE KIM and DENTIS USA CORPORATION (collectively, the "Parties"), and for good cause shown, IT IS HEREBY ORDERED that: (i) this entire action is dismissed with prejudice pursuant to FRCP 41(a)(1)(A)(ii); (ii) the Court shall retain jurisdiction to enforce the terms of the Parti
Summary: ORDER GRANTING STIPULATION TO VOLUNTARILY DISMISS CASE; FRCP 41(a)(1)(A)(ii) S. JAMES OTERO , District Judge . On due and proper consideration of the Stipulation filed by Plaintiff HIOSSEN, INC. and Defendants EUGENE KIM and DENTIS USA CORPORATION (collectively, the "Parties"), and for good cause shown, IT IS HEREBY ORDERED that: (i) this entire action is dismissed with prejudice pursuant to FRCP 41(a)(1)(A)(ii); (ii) the Court shall retain jurisdiction to enforce the terms of the Partie..
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ORDER GRANTING STIPULATION TO VOLUNTARILY DISMISS CASE; FRCP 41(a)(1)(A)(ii)
S. JAMES OTERO, District Judge.
On due and proper consideration of the Stipulation filed by Plaintiff HIOSSEN, INC. and Defendants EUGENE KIM and DENTIS USA CORPORATION (collectively, the "Parties"), and for good cause shown,
IT IS HEREBY ORDERED that:
(i) this entire action is dismissed with prejudice pursuant to FRCP 41(a)(1)(A)(ii);
(ii) the Court shall retain jurisdiction to enforce the terms of the Parties' written confidential settlement agreement dated January 26, 2017 (the "Settlement Agreement");
(iii) upon the occurrence of Dentis USA Corporation's default and failure to cure the same, as contemplated by the Settlement Agreement, Hiossen, Inc. shall be entitled to the ex parte entry of judgment in accordance with the terms of the Settlement Agreement; and
(iv) each Party is to bear its or his own court costs and attorneys' fees incurred in this litigation, subject to and except for as otherwise provided in the Settlement Agreement.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
