Opinion
Case No. C 02-00674 WHA ARB.
June 30, 2003
Vedica S. Puri, Esq., Pillsbury Levinson LLP., San Francisco, California, Attorney for Defendant and Cross-Claimant.
Diane Doolittle, Esq., David Eiseman, Esq., Quinn, Emanuel, Urquhart, Oliver Hedges, LLP, Attorneys for Oracle.
Joseph S.D. Christo II Esq., Steve W. Zoffer, Esq., Dickie McCamey Chilcote, PC., Pittsburgh, Pennsylvania, Attorney for Defendant and Cross-Claimant.
STIPULATION AND ORDER RE: DISMISSAL OF CONSOLIDATED CASE NOS. C-02-00674 AND C-02-04283
IT IS HEREBY STIPULATED by and between the parties to this action including Oracle Corporation ("Oracle"), Traco Incorporated ("Traco") and Soft Tech America, Inc. ("Soft Tech") through their designated counsel that the above-captioned consolidated action be dismissed as follows:
1. Oracle's action against Traco (originally filed as case no. C-02-00674 before consolidation) is hereby dismissed with prejudice pursuant to FRCP 41(a)(1);
2. Oracle's counterclaim against Soft Tech (filed as part of the consolidated action case no. C-02-04283) is hereby dismissed without prejudice pursuant to FRCP 41(c);
3. Traco's counterclaim against Oracle (filed as part of the consolidated action case no. C-02-00674) is hereby dismissed with prejudice pursuant to FRCP 41(c).
4. Each party shall bear its own costs and attorneys' fees.
BASED ON THE FOREGOING STIPULATION, IT IS HEREBY ORDERED THAT CASE NOS. C-02-04283 AND C-02-00674 BE DISMISSED AS SET FORTH ABOVE.