Opinion
Case No. C-03-5270 (CW).
November 17, 2005
Martin H. Kresse Alameda, CA, Attorney for Plaintiff SIMCO Formalwear.
Thomas B. Mayhew (State Bar No. 183539) Heather S. Tewksbury (State Bar No. 222202) Farella Braun Martel LLP, San Francisco, CA, Attorneys for Defendant ColorTek, Inc.
STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED] ORDER
STIPULATION FOR DISMISSAL WITH PREJUDICE
Pursuant to Federal Rule of Civil Procedure 41 (a)(1), Plaintiff SIMCO FORMALWEAR and Defendant COLORTEK, INC. hereby stipulate to the dismissal with prejudice of this action in its entirety, with each party bearing its own fees, costs and expenses.
The Parties further stipulate that the Order and Stipulation to Dismiss Without Prejudice entered on December 14, 2004 should be vacated and request that the Court enter the below Order dismissing this matter with prejudice in its place.
ORDER
The Order and Stipulation to Dismiss Without Prejudice entered on December 14, 2004 is vacated and the Court hereby orders, pursuant to the stipulation of the parties, that this action, including all claims and counterclaims, is dismissed with prejudice in its entirety. Each party shall bear its own fees, costs and expenses.