Hon Hai Precision Industry Co., Ltd. v. Tonal Systems, Inc.
Hon Hai Precision Industry Co., Ltd. v. Tonal Systems, Inc.
Trial Court Opinion
1 || CHRISTIN HILL (CA SBN 247522) [email protected] 2 || MICHAEL BURSHTEYN (CA SBN 295320) 3 [email protected] MORGAN MITRUKA (CA SBN 346009) 4 || [email protected] MORRISON & FOERSTER LLP 5 || 425 Market Street 6 San Francisco, California 94105-2482 Telephone: 415.268.7000 7 Facsimile: 415.268.7522 g || Attorneys for Defendant TONAL SYSTEMS, INC. 9 10 UNITED STATES DISTRICT COURT 11] NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 || HON HAI PRECISION INDUSTRY CO., LTD., | Case No.: 3:22-cv-07341-TLT 15 a Taiwanese Corporation, Plaintiff. JOINT STIPULATION FOR 16 DISMISSAL WITH PREJUDICE V. 17 18 || TONAL SYSTEMS, INC., Judge: Hon. Trina L. Thompson 19 Defendant. 20 21 22 23 24 25 26 27 28 STIPULATION AND FPROPOSEB} ORDER FOR DISMISSAL WITH PREJUDICE
1 This Joint Stipulation for Dismissal with Prejudice (“Stipulation”) is entered into by and 2 || between Plaintiff Hon Hai Precision Industry Co., Ltd. (“Plaintiff”) and Defendant Tonal 3 || Systems, Inc. (“Defendant”) (collectively, the “Parties). The Parties hereby stipulate and agree to 4 || the following: 5 1. WHEREAS, on March 30, 2023, the Parties entered into a confidential Settlement 6 || and Mutual Release Agreement (“Agreement”) to resolve the Complaint Plaintiff filed on 7 || November 22, 2022; and 8 2. WHEREAS, pursuant to the Agreement, the Parties have agreed to jointly request 9 || the Court to issue an Order dismissing all of Plaintiff's claims and Defendant’s counterclaims 10 || with prejudice. 11 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO 12 || THE APPROVAL OF THE COURT: 13 Plaintiff's claims against Defendant and Defendant’s counterclaims against Plaintiff are 14 || dismissed with prejudice, but the Court expressly reserves jurisdiction to enforce the Agreement. 15 6 DATED: April 21, 2023 MORRISON & FOERSTER LLP
17 By: _/s/ Christin Hill 12 CHRISTIN HILL 19 Attorneys for Defendant Tonal Systems, Inc. 20 | DATED: April 21, 2023 RIMON, P.C. 21 By: _/s/IvanL. Tjoe IVAN L. TJOE 23 Attorneys for Plaintiff Hon Hai Precision 4 Industry Co., Ltd. 25 26 27 28 STIPULATION AND TPROPOSED} ORDER FOR DISMISSAL WITH PREJUDICE
1 ECF ATTESTATION 2 I, Christin Hill, am the ECF User whose ID and password are being used to file this 3 JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE. In compliance with Civil 4 Local Rule 5-1(i), I hereby attest that all of the signatories listed above have concurred in this 5 filing.
6 Dated: April 21, 2023 /s/ Christin Hill
7 CHR ISTIN HILL
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28 1 FPROPOSED} ORDER OF DISMISSAL 2 NOW THEREFORE, pursuant to the Parties’ Joint Stipulation for Dismissal with Prejudice, 3 | ITIS HEREBY ORDERED as follows: 4 1. Plaintiff Hon Hai Precision Industry Co., Ltd.’s Complaint, filed November 22, 5 | 2022, is hereby dismissed with prejudice, with each party to bear its own costs, expenses, and 6 | attorneys’ fees with respect to this claim for relief. 7 2. Defendant Tonal Systems, Inc.’s counterclaims against Plaintiff are hereby 8 || dismissed with prejudice, with each party to bear its own costs, expenses, and attorneys’ fees with 9 | respect to this claim for relief. 10 3. 11 12 | At the Court's discretion, and by the parties’ request, the Court retains jurisdiction of the settlemen 13 || agreement for a period of 60 days from the date the agreement was executed. See Kokkonen v. 14 | Guardian Life Ins. Co. of Am.,
511 U.S. 375, 381-82(1994). 15 16 17 Dated: April 24 2023 18
HON A*&. THOMPSON 20 United States District Court Judge 21 22 23 24 25 26 27 28 STIPULATION AND PPReposEp} ORDER FOR DISMISSAL WITH PREJUDICE
Reference
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