Imageline v. International Microcomputer Software

Full title: IMAGELINE, INC., Petitioner, vs. INTERNATIONAL MICROCOMPUTER SOFTWARE…

Court: United States District Court, N.D. California, San Francisco Division

Date published: Apr 28, 2003

Case No. C-00-0212 BZ, [Related Case No. C-02-4671 BZ] (N.D. Cal. Apr. 28, 2003)

Opinion

Case No. C-00-0212 BZ, [Related Case No. C-02-4671 BZ]

April 28, 2003

Edward Egan Smith, Steyer Lowenthal Boodrookas Alvarez Smith LLP, Attorneys for International Microcomputer Software, Inc.

Kenneth B. Wilson and Alison C. Pauly, Perkins Coie LLP, Attorneys for Imageline, Inc. and George Riddick

STIPULATION AND ORDER VACATING JUDGMENT AND DISMISSING ACTION WITH PREJUDICE

BERNARD ZIMMERMAN, United States Magistrate Judge

WHEREAS, petitioner Imageline, Inc. ("Imageline") and respondent International Microcomputer Software, Inc. ("IMSI") have entered into a written Settlement Agreement and Mutual General Release dated April 18, 2003 ("Settlement Agreement") fully and finally resolving, among other things, the above-entitled action; and

WHEREAS, the Settlement Agreement provides, among other things, that the $2,609,531.20 Judgment entered in this action against IMSI and in favor of Imageline on February 29, 2000 be vacated and this action dismissed with prejudice, each side to bear its own costs;

NOW, THEREFORE, Imageline and IMSI, through counsel, hereby enter into the following stipulation:

1. The $2,609,531.20 Judgment entered in this action against IMSI and in favor of Imageline on February 29, 2000 shall be vacated and set aside, and said Judgment shall be of no further force and effect; and

2. The above-entitled action shall be dismissed in its entirety with prejudice, each side to bear its own costs.

ORDER

Pursuant to the above stipulation, and good cause appearing therefor, IT IS HEREBY ORDERED THAT the $2,609,531.20 Judgment entered in this action against IMSI and in favor of Imageline on February 29, 2000 is vacated and set aside, and said Judgment shall be of no further force and effect. It is further ordered that the above-entitled action be and hereby is dismissed in its entirety with prejudice, each si bear its own costs.