Filed: Dec. 05, 2012
Latest Update: Dec. 05, 2012
Summary: STIPULATION AND ORDER TO DISMISS WITH PREJUDICE PLAINTIFF'S COPYRIGHT INFRINGEMENT CLAIM FOR RELIEF FROM FIRST AMENDED COMPLAINT ELIZABETH D. LAPORTE, Magistrate Judge. WHEREAS, Plaintiff Bradford Technologies, Inc. ("Plaintiff") and Defendants Metro National Financial, LLC ("Metro Financial"), Karma Technologies, LLC ("Karma"), Rodney Newman ("Newman"), John David Biggers ("Biggers") and NCV Software (collectively, "Defendants"), have agreed to a dismissal with prejudice of the copyright infr
Summary: STIPULATION AND ORDER TO DISMISS WITH PREJUDICE PLAINTIFF'S COPYRIGHT INFRINGEMENT CLAIM FOR RELIEF FROM FIRST AMENDED COMPLAINT ELIZABETH D. LAPORTE, Magistrate Judge. WHEREAS, Plaintiff Bradford Technologies, Inc. ("Plaintiff") and Defendants Metro National Financial, LLC ("Metro Financial"), Karma Technologies, LLC ("Karma"), Rodney Newman ("Newman"), John David Biggers ("Biggers") and NCV Software (collectively, "Defendants"), have agreed to a dismissal with prejudice of the copyright infri..
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STIPULATION AND ORDER TO DISMISS WITH PREJUDICE PLAINTIFF'S COPYRIGHT INFRINGEMENT CLAIM FOR RELIEF FROM FIRST AMENDED COMPLAINT
ELIZABETH D. LAPORTE, Magistrate Judge.
WHEREAS, Plaintiff Bradford Technologies, Inc. ("Plaintiff") and Defendants Metro National Financial, LLC ("Metro Financial"), Karma Technologies, LLC ("Karma"), Rodney Newman ("Newman"), John David Biggers ("Biggers") and NCV Software (collectively, "Defendants"), have agreed to a dismissal with prejudice of the copyright infringement claim for relief from Plaintiff's First Amended Complaint;
WHEREAS, Plaintiff did not file for copyright protection before filing the instant lawsuit, which bars the copyright infringement claim for relief;
WHEREAS, a unilateral dismissal of less than all of the claims involved cannot be accomplished under Federal Rule of Civil Procedure 41(a) unless a stipulation is signed by all parties to the action, or by order of court. Wilson v. Crouse-Hinds Co., 556 F.2d 870 (1977, CA8 Iowa).
IT IS HEREBY STIPULATED and AGREED by and between the foregoing parties in this matter, through their respective counsel of record, as follows:
1. Plaintiff's Copyright Infringement claim for relief, included in paragraphs 61 through 75, shall be, and hereby is, dismissed with prejudice from Plaintiff's First Amended Complaint.
IT IS SO STIPULATED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
