Opinion
Case No. 2:00-CV-646 PGC
May 13, 2004
GREGORY M. HESS, PARR WADDOUPS BROWN GEE LOVELESS, PC, Salt Lake City, Utah, for Plaintiff Novell, Inc.
DAVID E. NEWHOUSE, NEWHOUSE ASSOCIATES, San Mateo, CA, for Joseph A. Lacayo Corporation
ORDER OF VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT JOSEPH A. LACAYO CORP.
On May 12, 2004, this court entered an Order Granting in Part Motion for Summary Judgment (docket #129), awarding Novell injunctive and monetary relief on its claims against defendant Joseph A. Lacayo Corporation ("JALCO") for copyright infringement. Those claims are now fully adjudicated, except for a determination of the appropriate form of order of permanent injunction and Novell's application for costs. Novell's proposed order and application for costs are due on or before May 27, 2004, and the court will rule on those matters in due course, along with Novell's anticipated motion for determination of damages and entry of default judgment against defendant Joseph A. Lacayo, who is in default (see docket #127). Novell now moves for voluntary dismissal without prejudice of all remaining claims against JALCO, subject to revival of those claims only in the event that JALCO appeals and obtains a reversal of this court's judgment.
The court, having considered Novell, Inc.'s Motion for Voluntary Dismissal, having received the stipulation of JALCO, and good cause appearing, IT IS ORDERED AS FOLLOWS:
(1) All of Novell's claims against JALCO, except those for copyright infringement previously adjudicated, are hereby dismissed without prejudice, subject to revival of those claims only if JALCO appeals and obtains a reversal of this court's judgment; and
(2) The two-day bench trial that was scheduled to begin in this matter on June 1, 2003, and 8:30 a.m. is hereby vacated.