Hon Hai Precision Industry Co., Ltd. v. Tonal Systems, Inc.

United States District Court for the Northern District of California

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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