Exergy, Inc. v. Advanced Thermal Systems, LLC

Full title: EXERGY, INC., a California Corporation, Plaintiff, v. ADVANCED THERMAL…

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

Date published: Feb 10, 2003

CASE NO. C 02-4861 SI (ADR) (N.D. Cal. Feb. 10, 2003)

Opinion

CASE NO. C 02-4861 SI (ADR)

February 10, 2003

QUINN EMANUEL URQUHART OLIVER HEDGES, LLP., David Eiseman, Patrick C. McGannon, C. Matthew Didaleusky, San Francisco, California Attorneys for Defendant and Counterclaimant.

ALTHEIMER GRAY, Graham R. Taylor, Attorneys for Plaintiff and Counterdefendant.

STIPULATION AND ORDER TO DISMISS ALL CLAIMS WITH PREJUDICE

SUSAN ILLSTON, United States District Judge

STIPULATION

Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Counterdefendant Exergy, Inc. ("Exergy") on the one hand, and Defendant and Counterclaimant Advanced Thermal Systems, LLC ("ATS") on the other hand, by and through their respective counsel, as follows:

1. Exergy's Complaint for Declaratory Relief, filed on or about October 8, 2002, is hereby dismissed with prejudice.

2. ATS's Counterclaim for Declaratory Relief, filed on or about October 21, 2002, is hereby dismissed with prejudice.

3. The terms of the Settlement Agreement between Exergy and ATS, entered into on or about January 30, 2003, shall govern the payment of Exergy and ATS's respective attorneys' fees and costs incurred in connection with the prosecution and defense of this action.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.