Opinion
Civil Action No. 11-cv-02409-CMA-MJW
12-07-2011
THERMAPURE, INC., a California corporation, Plaintiff, v. DISASTER RESTORATION, INC., a Colorado corporation, and RESTORATION LOGISTICS, INC., a Colorado entity, Defendants.
Judge Christine M. Arguello
ORDER RE [1] ENTRY OF PERMANENT INJUNCTION; AND
[2] DISMISSAL WITHOUT PREJUDICE SUBJECT TO COURT'S
RETENTION TO ENFORCE SETTLEMENT AGREEMENT
This matter is before the Court on the parties' Stipulation Re [1] Entry of Permanent Injunction; and [2] Dismissal Without Prejudice Subject to Court's Retention to Enforce Settlement Agreement (Doc. # 15). Upon review of the filing and the case file, the Court finds as follows:
WHEREAS, Plaintiff Thermapure, Inc. and Defendants Disaster Restoration, Inc. and Restoration Logistics, Inc. have entered into a Settlement Agreement dated November 23, 2011 ("Agreement");
WHEREAS, based on the terms of the Agreement, the Parties have stipulated that the Court shall enter the following orders:
1) A permanent injunction shall be entered enjoining Defendants from directly infringing, contributing to the infringement, or inducing infringement of U.S. Patent No. 6,327,812; and
2) The action will be dismissed without prejudice subject to the Court's retaining jurisdiction to enforce the terms of the Agreement.
,
Based on the foregoing, IT IS HEREBY ORDERED that:
1. A permanent injunction shall be entered enjoining Defendants Disaster Restoration, Inc. and Restoration Logistics, Inc. from directly infringing, contributing to the infringement or inducing infringement of U.S. Patent No. 6,327,812; and
2. The action against Defendants Disaster Restoration, Inc. and Restoration Logistics, Inc. is DISMISSED WITHOUT PREJUDICE; and
3. The Court will retain jurisdiction to enforce the terms of the Settlement Agreement entered into between the Parties on November 23, 2011.
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge