Opinion
CASE NO. C 03-0168 SI
February 24, 2004
KENNETH B. WILSON, STEFANI E. SHANBERG, LUNG-CHI LEE, and PERKINS COIE LLP, San Francisco, California, for Plaintiff and Counterdefendant TILIA INTERNATIONAL, INC.
Scott F. Partridge, BAKER BOTTS LLP, for Defendant and Counterclaimant, ZeroPack Co. Ltd.
William H. Frankel, Robert S. Mallin, Anastasia Heffner, and Mircea A. Tipescu, BRINKS HOFER GILSON LIONE, Chicago, Illinois, for Defendant The Rival Company
Anthony I. Fenwick and Trevor M. Jefferson, Latham Watkins LLP, Menlo Park, CA, for Defendant the Rival Company
STIPULATED DISMISSAL WITHOUT PREJUDICE
Pursuant to Federal Rule of Civil Procedure 41(a)(1), plaintiff and counterdefendant Tilia International, Inc. ("Tilia") and defendant and counterclaimant ZeroPack Co., Ltd. ("ZeroPack") hereby stipulate and agree to dismiss the above-entitled action including all counterclaims without prejudice, with each party to bear its own costs and attorneys' fees.
IT IS SO ORDERED.
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 Perkins Coie LLP, 180 Townsend Street, San Francisco, CA 94107-1909. I am personally familiar with the business practice of Perkins Coie LLP. On February 24, 2004, I served the following document(s):
STIPULATED DISMISSAL WITHOUT PREJUDICE
By placing a true copy thereof enclosed in a sealed envelope addressed to the following parties:
James R. Knox, Esq. Bruce W. Slayden II, Esq. Heller Ehrman White McAuliffee R. Williams Beard, Jr., Esq. 2775 San Hill Road Baker Botts L.L.P. Menlo Park, CA 94025-7019 1500 San Jacinto Center (650) 233-8386 Facsimile Austin, TX 78701-4039 (512) 322-2501 Facsimile
Scott F Patridge, Esq. Baker Botts L.L.P. Baker Shell Plaza 910 Louisana Street Houston, TX 77002 (713) 229-2757 Facsimile
___ (By Overnight Courier) I caused each envelope, with postage fully prepaid, to be sent by __________________
XX (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.
XX (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.
__________________ DATED: Febraury 24, 2004 Erika R. Eberline
JOINT STIPULATION FOR DISMISSAL UNDER RULE 41 FED. R. CIV. P.
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.