Filed: Oct. 04, 2016
Latest Update: Oct. 04, 2016
Summary: JOINT STIPULATION AND ORDER OF DISMISSAL GLORIA M. NAVARRO , Chief District Judge . Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff-Counterclaim Defendant IGT, Defendant-Counterclaim Plaintiff Aristocrat Technologies, Inc. ("ATI"), and Counterclaim Plaintiffs Aristocrat Technologies Australia Pty Ltd ("ATA") and Aristocrat International Pty Ltd. ("AI") (ATI, ATA, and AI collectively, "Aristocrat") (IGT and Aristocrat collectively, the "Parties"), by and through their respect
Summary: JOINT STIPULATION AND ORDER OF DISMISSAL GLORIA M. NAVARRO , Chief District Judge . Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff-Counterclaim Defendant IGT, Defendant-Counterclaim Plaintiff Aristocrat Technologies, Inc. ("ATI"), and Counterclaim Plaintiffs Aristocrat Technologies Australia Pty Ltd ("ATA") and Aristocrat International Pty Ltd. ("AI") (ATI, ATA, and AI collectively, "Aristocrat") (IGT and Aristocrat collectively, the "Parties"), by and through their respecti..
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JOINT STIPULATION AND ORDER OF DISMISSAL
GLORIA M. NAVARRO, Chief District Judge.
Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff-Counterclaim Defendant IGT, Defendant-Counterclaim Plaintiff Aristocrat Technologies, Inc. ("ATI"), and Counterclaim Plaintiffs Aristocrat Technologies Australia Pty Ltd ("ATA") and Aristocrat International Pty Ltd. ("AI") (ATI, ATA, and AI collectively, "Aristocrat") (IGT and Aristocrat collectively, the "Parties"), by and through their respective counsel, hereby agree and stipulate as follows:
1. IGT filed a Complaint in this matter on March 16, 2015. ECF No. 1.
2. Aristocrat filed an Answer and Counterclaims on June 8, 2015. ECF No. 38.
3. The Parties have both filed several amended pleadings. The currently operative pleadings are IGT's Revised Second Amended Complaint, filed on December 21, 2015, ECF No. 87; Aristocrat's Answer and Counterclaims to Plaintiff IGT's Revised Second Amended Complaint, filed January 7, 2016, ECF No. 92; and IGT's Corrected Answer and Counterclaims to Aristocrat's Counterclaims to Plaintiff IGT's Revised Second Amended Complaint, filed February 18, 2016, ECF No. 104.
4. The Parties have reached a settlement of all disputes in this case (the "Settlement Agreement"). As part of the Settlement Agreement, the Parties have agreed to dismiss all claims and counterclaims in this case with prejudice, except that all counterclaims for declaratory judgments of patent invalidity shall be dismissed without prejudice.
WHEREFORE, pursuant to the Settlement Agreement, the Parties respectfully request that the Court approve this stipulation and order as follows: (1) all claims and counterclaims asserted by the Parties in any pleading in this action are dismissed; (2) counterclaims for declaratory judgments of patent invalidity are dismissed without prejudice; all other claims and counterclaims are dismissed with prejudice; (3) no Party shall be deemed a "prevailing party" within the meaning of Federal Rule of Civil Procedure 54 or Local Rule 54-1; (4) each Party shall bear its own costs, disbursements and attorneys' fees; and (5) this Court shall retain jurisdiction to enforce the Settlement Agreement and this Order of Dismissal.
IT IS SO ORDERED.
