Opinion
CASE NO. C03 00425 JL.
April 16, 2003
GARY R. GLEASON, FARBSTEIN BLACKMAN, A Professional Corporation, San Mateo, California, Attorneys for Plaintiff Pathlink Technology Corporation.
Owen Seitel, IDELL, BERMAN SEITEL, Attorney for Defendants STEVE EASTON and APIC-WORLDWIDE.
STIPULATION AND ORDER RE: DISMISSAL OF ACTION
Pursuant to Fed.R.Civ.Pro. 41(a), Plaintiff Pathlink Technology Corporation ("PTC") and Apic-Worldwide ("APIC") Steve Easton ("EASTON") (collectively the "Parties") stipulate, through their counsel, as follows:
1. The action shall be dismissed, with prejudice, with each party to bear its own costs, with the exception that the court will retain jurisdiction for 45 days from March 31, 2003 (i.e., to and including May 15, 2003), for the purpose of enforcing the Settlement and Release Agreement entered into by the Parties.
2. In accordance with the provisions of Title 28, U.S.C. § 636(c), the Parties hereby voluntarily consents to have a United States Magistrate Judge conduct any and all further proceedings with respect to the conditional dismissal and enforcement of the settlement agreement on or before May 15, 2003.
So Stipulated:
Based on the stipulation of counsel, and good cause appearing therefore,
IT IS HEREBY ORDERED:
1. This action is dismissed, with prejudice, with the exception that the Court will retain jurisdiction up to and including May 15, 2003 to enforce the Settlement and Release agreement entered into between the parties; and
2. Provided that no motion to enforce the Settlement and Release agreement is filed on or before May 15, 2003, this action will be dismissed in its entirety thereafter.