Opinion
THOMAS A. WOODS, STOEL RIVES LLP, Sacramento, CA, Attorneys for Defendant ORIGEN BIOMEDICAL, INC.
ANDREA M. MILLER, NAGELEY, MEREDITH & MILLER, INC., Sacramento, CA, Attorneys for Plaintiff THERMOGENESIS GROUP.
JOINT STIPULATION TO VOLUNTARILY DISMISS ACTION WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii) AND DISTRICT COURT CONTINUING JURISDICTION OVER ENFORCEMENT; ORDER THEREON
MORRISON C. ENGLAND, Jr., Chief District Judge.
PLEASE TAKE NOTICE that:
Plaintiff THERMOGENESIS CORP. ("Thermo") and Defendant ORIGEN BIOMEDICAL, INC. ("OriGen"), collectively, "the Parties, " respectfully submit this Joint Stipulation to voluntarily dismiss this action with prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii). The Parties hereby stipulate and agree as follows:
Whereas, on December 17, 2013, Plaintiff filed this action in the United District Court for the Eastern District of California.
Whereas, the District Court shall retain limited, continuing jurisdiction over disputes relating to the enforcement of the provisions of the Parties' Confidential Settlement and Release Agreement related to this action pursuant to Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381 (1994).
Whereas, the Parties have fully resolved this matter via a Confidential Settlement agreement and release of all claims and agree to the dismissal of the action with prejudice, with both Parties to bear their own costs and attorneys' fees, and with the Court retaining continuing jurisdiction over disputes relating to the enforcement of the provisions of the Parties' Confidential Settlement and Release Agreement in this matter.
IT IS SO STIPULATED.
ORDER
On review of the Parties' Stipulation for Dismissal and for good cause appearing, IT IS HEREBY ORDERED that:
1. The above-captioned action is hereby dismissed with prejudice with both Parties to bear their own costs and reasonable attorneys' fees, and,
2. This Court shall retain continuing jurisdiction over any actions concerning the enforcement of the provisions of the Parties' Confidential Settlement and Release Agreement related to this action. Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 (1994).
IT IS SO ORDERED.