Opinion
Civil Action No. 04-906.
November 29, 2005
Kathryn J. Fritz, Esq., FENWICK WEST LLP, Pro Hac Vice, San Francisco, CA, and Sabrina Hudson, Esq., Kirkpatrick Lockhart LLP, Pittsburgh, PA, Attorneys for LEISURETECH ELECTRONICS PTY LIMITED.
Kent E. Baldauf, Jr., Esq., THE WEBB LAW FIRM, Pittsburgh, PA, Attorneys for GREYFOX SYSTEMS, INC. (Now On-Q/LEGRAND, Inc.)
David Gray, Esq., BUCHANAN INGERSOLL, Pittsburgh, PA, Attorneys for SPEAKER COMPONENTS INTERNATIONAL, INC.
STIPULATION FOR DISMISSAL AND ORDER THEREON
WHEREAS, on or about March 9, 2004, Leisure Tech Electronics Pty, Limited ("LTE") commenced an action against defendant Greyfox Systems, Inc. ("Greyfox") in the United States District Court for the Northern District of California, which was subsequently transferred to the United States District Court for the Western District of Pennsylvania (Case No. 04-906) (the "Action");
WHEREAS, on or about May 12, 2004, Judge Jeffrey S. White of the United States District Court for the Northern District of California entered an order granting LTE's motion for a preliminary injunction against Greyfox (the "Preliminary Injunction");
WHEREAS, on or about May 19, 2004, LTE deposited with the Clerk of the United States District Court for the Northern District of California the amount of $10,000 (ten thousand U.S. dollars) as an undertaking pursuant to Fed.R.Civ.P. 65(c) in connection with the Preliminary Injunction (the "Undertaking");
WHEREAS, in the Action on or about April 27, 2004, Greyfox filed a Third Party Complaint against Speaker Components International, Inc. ("SCI") and on or about August 6, 2004, SCI filed its Answer to the Third Party Complaint and Counterclaims against Greyfox, and on or about December 1, 2004, SCI filed its First Amended Answer to the Third Party Complaint and Counterclaims Against LTE and Greyfox, and on or about December 22, 2004, Greyfox filed its Answer to Counterclaim of SCI, and on or about February 7, 2005, LTE filed its Answer and Counterclaims Against Speaker Components International, Inc.;
IT IS HEREBY STIPULATED AND AGREED that, pursuant to Fed.R.Civ.P. 41(a), the Action shall be dismissed with prejudice in its entirety. Each party shall bear its own costs and attorneys' fees in connection with this Action.
IT IS FURTHER STIPULATED AND AGREED that the Preliminary Injunction is and shall be dissolved.
IT IS FURTHER STIPULATED AND AGREED that the Undertaking deposited with the Clerk of the United States District Court, Northern District of California, is no longer necessary and shall be extinguished and the amount of such Undertaking returned to LTE. Greyfox agrees to assist LTE with any steps necessary to have the Undertaking so extinguished and returned.
IT IS SO ORDERED.