CALYX TECHNOLOGIES, INC. v. ELLIE MAE, INC.

Full title: CALYX TECHNOLOGIES, INC., dba CALYX SOFTWARE, a California Corporation…

Court: United States District Court, N.D. California, San Francisco Division

Date published: Oct 28, 2005

Case No. C04 01640 SI (N.D. Cal. Oct. 28, 2005)

Opinion

Case No. C04 01640 SI.

October 28, 2005

H. JONATHAN REDWAY (PRO HAC VICE) WHITE REDWAY BROWN LLP, Alexandria, Virginia.

MICHAEL K. BOSWORTH, ESQ. (SBN 75887), KIRK M. NUZUM, ESQ. (SBN 144745) BURNS DOANE SWECKER MATHIS LLP, Redwood Shores, California, Attorneys for Defendant Calyx Technologies, Inc.

WILLIAM SLOAN COATS (SBN 98464) MARK F. LAMBERT (SBN 197410) AMY J. BAGDASARIAN (SBN 227065) WHITE CASE LLP, Palo Alto, California, Attorneys for Ellie Mae, Inc.

JOINT STIPULATION TO VACATE THE AUGUST 22, 2005, ORDER [DOCKET NO. 237] AND JOINT STIPULATION OF DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER THEREON

SUSAN ILLSTON, District Judge

WHEREAS Plaintiff Calyx Technologies, Inc. ("Calyx") and Defendant Ellie Mae, Inc. ("Ellie Mae") (together referenced herein as the "Parties") have settled all of the claims in the above captioned action;

NOW THEREFORE, the Parties, by and through their respective counsel hereby agree and stipulate, and request that the Court order, as follows:

1. The August 22, 2005 Order Granting Summary Judgment [Docket No. 237] entered by this Court is vacated.

2. Pursuant to Federal Rule of Civil Procedure 41(a), Calyx's claims against Ellie Mae in the above-captioned action are dismissed with prejudice.

3. Each party shall bear its own costs and attorney's fees in connection with the above-captioned action and with this stipulation.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO ORDERED.