Opinion
Robert W. Dickerson, DICKSTEIN SHAPIRO LLP, Los Angeles, CA, Attorney for Defendant/Counterclaimant, SPINAL KINETICS, INC.
Jeffrey M. Olson, SIDLEY AUSTIN LLP, Los Angeles, California, Attorney for Plaintiff/Counter-Defendant, DEPUY SYNTHES PRODUCTS, LLC.
STIPULATION TO LIFT STAY AND TO DISMISS ACTION IN ITS ENTIRETY
RONALD M. WHYTE, District Judge.
Plaintiff Depuy Synthes Products, LLC ("Depuy Synthes") and Defendant Spinal Kinetics, Inc. ("Spinal Kinetics"), by their respective undersigned attorneys, hereby stipulate that the existing Stay (Dkt. No. 19) in the above captioned matter can be lifted, and that this action shall be dismissed pursuant to the terms of a Settlement Agreement. The dismissal by Depuy Synthes of its claims for relief is with prejudice as to all claims asserted against Spinal Kinetics, and the dismissal by Spinal Kinetics is without prejudice as to all counterclaims asserted against Depuy Synthes. Except as otherwise agreed between the parties, each party shall bear its own attorneys' fees and costs. A proposed order dismissing this action is being filed herewith.
This Court shall retain subject matter and personal jurisdiction over the parties with respect to any dispute that may arise under the terms of their settlement agreement.
Agreed to and submitted by:
[] ORDER LIFTING STAY AND DISMISSING ACTION IN ITS ENTIRETY
Based on the "Stipulation Lifting Stay and of Dismissal" filed by Plaintiff Depuy Synthes Products, LLC ("Depuy Synthes") and Defendant Spinal Kinetics, Inc. ("Spinal Kinetics"), it is hereby ORDERED that the existing Stay (Dkt. No. 19) is hereby lifted, and that all claims of Depuy Synthes, asserted against Spinal Kinetics, are dismissed with prejudice, and all counterclaims of Spinal Kinetics, asserted against Depuy Synthes, are dismissed without prejudice. Except as otherwise agreed by the parties, each party shall bear its own attorneys' fees and costs.
This Court shall retain subject matter and personal jurisdiction over the parties with respect to any dispute that may arise under the terms of their settlement agreement.
IT IS SO ORDERED.