Opinion
Case No. CV04-00672 JWS ARB.
October 26, 2005
Mark B. Frazier (State Bar No. 107221) RUTAN TUCKER, LLP Costa Mesa, California Attorneys for Defendant Beckman Coulter United Kingdom, Ltd.
LAW OFFICES OF DENNIS A. CAMMARANO Elene M. Daley Attorneys for Plaintiff Sangamo Biosciences, Inc.
IT IS HEREBY STIPULATED by and between Sangamo Biosciences, Inc. ("Sangamo") and Beckman Coulter United Kingdom, Ltd. ("BCUK") (collectively the "Parties"), without waiving BCUK's right to contest jurisdiction, through their authorized counsel of record, that:
1. The United States District Court shall retain continuing jurisdiction over the Parties' settlement, including their Settlement Agreement, General Release and Waiver of Civil Code Section 1542 ("Agreement"), any motion brought pursuant to California Code of Civil Procedure Section 877.6, and any other proceedings to enforce and implement the parties' rights and obligations pursuant to their settlement, following entry of this Stipulation and Proposed Order;
2. The terms of the Parties' Agreement, a true and correct copy of which is attached to this Stipulation as Exhibit "1," are incorporated into this Stipulation as though set forth verbatim;
3. The above entitled action shall be and hereby is dismissed with prejudice as to BCUK pursuant to Federal Rule of Civil Procedure, Rule 41, subject to the Court's Order below.
FOR GOOD CAUSE SHOWN:
IT IS ORDERED that:
1. The Court hereby retains continuing jurisdiction over the Parties' settlement, including their Settlement Agreement, General Release and Waiver of Civil Code Section 1542 ("Agreement"), any motion brought pursuant to California Code of Civil Procedure Section 877.6, and any other proceedings to enforce and implement the parties' rights and obligations pursuant to their settlement, following entry of this Stipulation and Proposed Order;
2. The terms of the Agreement physically attached hereto as Exhibit "1" are incorporated by this reference into this Order as though set forth verbatim in this Order; and
3. The above entitled action hereby is dismissed with prejudice as to BCUK pursuant to Federal Rule of Civil Procedure, Rule 41.