Opinion
Case No. C 04-05184 JSW.
September 21, 2005
LEE HAGELSHAW, TRIBAL FUSION, INC., PIVO, HALBREICH, MARTIN WILSON AMO, L.L.P., Attorney for Plaintiff.
EVA S. HALBREICH, TRUE BEGINNINGS, LLC., LACKEY HERSHMAN, L.L.P, Attorneys for Defendant.
JAMIE R. WELTON, CLICK HERE, INC., and THE RICHARDS GROUP, INC., NOSSAMAN, GUTHNER, KNOX ELLIOTT, LLP, Attorneys for Defendants.
SOPHIE N. FROELICH, CLICK HERE, INC., and THE RICHARDS GROUP, INC., Attorneys for Defendants.
STIPULATION AND ORDER FOR DISMISSAL OF CASE WITHOUT PREJUDICE
STIPULATION FOR DISMISSAL OF CASE WITHOUT PREJUDICE
WHEREAS, Plaintiff Tribal Fusion, Inc. ("Tribal Fusion") and Defendant True Beginnings, LLC ("True") have entered into a Settlement Agreement and Release ("Settlement Agreement") dated August 30, 2005, the parties agree, consent, and stipulate as follows:
1. It is hereby stipulated by and between the parties through their respective counsel that this action be dismissed, without prejudice to plaintiff to refile the claims against any and all defendants.
2. Any refiling by Tribal Fusion of the claims dismissed herein may be made in the U.S. District Court for the Northern District of California, and all defendants hereby consent to the jurisdiction of such court and stipulate that venue would be proper in such court.
3. Each party agrees to bear all its own costs and attorneys' fees in this matter.
4. All the parties hereby jointly request that the Court dismiss the entire action, without prejudice, as requested herein.
I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. ORDER FOR DISMISSAL OF CASE WITHOUT PREJUDICE
Pursuant to stipulation of the parties that this action be dismissed in its entirety, without prejudice, IT IS SO ORDERED.