Opinion
Kenneth B. Wilson, Stefani Shanberg, Lung-Chi Lee PERKINS COIE LLP, San Francisco, California, Attorneys for Plaintiff Tilia International, Inc.
Anthony Fenwick, LATHAM & WATKINS, Menlo Park, CA, Attorneys for Plaintiff Tilia International, Inc.
William H. Frankel, Robert S. Mallin, Anastasia Heffner, Mircea A. Tipescu, BRINKS HOFER GILSON & LIONE, Chicago, Illinois, Attorneys for Defendant The Rival Company.
JOINT STIPULATION FOR DISMISSAL UNDER RULE 41 FED. R. CIV. P.
ERIKA R. EBERLINE.
It is stipulated on this 19th day of February, 2004, by and between TILIA INTERNATIONAL, INC. ("Tilia") and THE RIVAL COMPANY ("Rival"), based upon and pursuant to an agreement between the parties effective February 18, 2004, that the above-captioned case shall be dismissed as follows, with each party bearing its own costs:
1. All claims and causes asserted in the above-captioned case by Tilia shall be dismissed with prejudice; and
2. All counterclaims and causes asserted in the above-captioned case by Rival shall be dismissed without prejudice.
IT IS SO ORDERED.
PROOF OF SERVICE.
I, Erika R. Eberline, declare:
I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of 18 years and am not a party to the within action. My business address is 180 Townsend, 3rd Floor, San Francisco, California 94107 I am personally familiar with the business practice of Perkins Coie LLP. On February 19, 2004, I served the following document(s):
JOINT STIPULATION FOR DISMISSAL
____ (By Overnight Courier) I caused each envelope, with postage fully prepaid, to be sent by U.S. Express Mail.
X (By Mail) I caused each envelope with postage fully prepaid to be placed for collection and mailing following the ordinary business practices of Perkins Coie LLP.
____ (By Hand) I caused each envelope to be delivered by hand to the offices listed above.
X (By Facsimile/Telecopy) I caused each document to be sent by Automatic Facsimile/Telecopier to the number(s) indicated above.
I declare under penalty of perjury under the laws of the United States of America that the above is true and correct and that this declaration was executed at San Francisco, California.