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WELLMAN v. OPLINK COMMUNICATIONS, INC., 3:15-CV-00156-JSW. (2015)

Court: District Court, N.D. California Number: infdco20151125921 Visitors: 7
Filed: Sep. 23, 2015
Latest Update: Sep. 23, 2015
Summary: JOINT STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE FRCP 41(a) JEFFREY S. WHITE , District Judge . NOTICE OF SETTLEMENT Plaintiff Kevin Wellman ("Plaintiff"), Defendant Oplink Communications, LLC ("Oplink"), and Defendant Joe Liu ("Liu") (collectively "Parties"), by and through their attorneys of record, hereby notify the Court that they have reached a settlement in the above-captioned matter. STIPULATION FOR ORDER TO DISMISS WITH PREJUDICE WHEREAS, the Parties have fully execute
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JOINT STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE

FRCP 41(a)

NOTICE OF SETTLEMENT

Plaintiff Kevin Wellman ("Plaintiff"), Defendant Oplink Communications, LLC ("Oplink"), and Defendant Joe Liu ("Liu") (collectively "Parties"), by and through their attorneys of record, hereby notify the Court that they have reached a settlement in the above-captioned matter.

STIPULATION FOR ORDER TO DISMISS WITH PREJUDICE

WHEREAS, the Parties have fully executed a Settlement Agreement and General Release of All Claims that was entered into voluntarily and knowingly;

WHEREAS, the Parties were each represented by experienced counsel;

WHEREAS, the Parties engaged in protracted, arms-length settlement negotiations, including a full day mediation with a retired California Superior Court judge, and the Parties and their counsel each represent that the settlement is a fair and reasonable resolution of disputed claims;

WHEREAS, the entire agreed monetary consideration to Plaintiff was tendered to him (in care of his counsel) prior to the filing of this Joint Stipulation and [Proposed] Order for Dismissal with Prejudice;

WHEREAS, Plaintiff shall bear his own attorneys' fees, costs, and expenses, Defendants Oplink and Liu shall not seek to recover attorneys' fees, costs, or expenses from Plaintiff, and this Stipulation shall have no impact on any agreement, right, or obligation that Oplink and Liu have toward the other with regard to attorneys' fees, costs, and expenses incurred in this Action;

WHEREAS, all that remains to be done in this matter is the entry of an Order for dismissal with prejudice;

THEREFORE, THE PARTIES HEREBY STIPULATE THAT:

The Court should enter an Order dismissing this action with prejudice.

IT IS SO STIPULATED.

ATTESTATION REGARDING ELECTRONIC SIGNATURES

I, Galen M. Lichtenstein, attest pursuant to Civil Local Rule 5-1(i)(3) that all other signatories to this document, on whose behalf this filing is being submitted, concur in the filing's content and have authorized this filing. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

[PROPOSED]ORDER ON STIPULATION

Having reviewed the foregoing stipulation, and for good cause appearing, the Court hereby grants the Parties' Joint Stipulation for Dismissal with Prejudice, and dismisses Case No. 3:15-CV-00156-JSW with prejudice.

IT IS SO ORDERED.

Source:  Leagle

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