Opinion
CASE NO. CV 09-2328 DMG (AJWx).
August 2, 2010
A. Justin Lum (State Bar No. 164882), Law Offices of A. Justin Lum, Pasadena, CA, Attorneys for Plaintiffs, KAI WIN CHUANG and BOTTLEMATE INC.
ORDER GRANTING DISMISSAL WITH PREJUDICE [JS-6]
STIPULATION
Pursuant to the Joint Stipulation of Plaintiffs/Counter-defendants KAI WIN CHUANG and BOTTLEMATE, INC. and Defendants/Counter-claimants LINSHIANG LIU and MORGAN CONTAINER CORP., filed on July 30, 2010, the above-captioned action is dismissed in its entirety, including all claims and counterclaims, with prejudice, each party bearing their own costs and fees, and waiving all rights of appeal.
The parties have acknowledged that in the event there is a breach of the Settlement Agreement, plaintiffs may open a new case for the express purpose of entering the consent judgment against defendants. Defendants have further acknowledged that this dismissal with prejudice does not waive plaintiffs' rights under the Settlement Agreement and consent judgment and defendants acknowledge the dismissal may not be used as a defense to either filing of a new action, or entering the consent judgment for defendant's failure to complete the terms of the Settlement Agreement.
IT IS SO ORDERED.