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Message: Case 3:12-cv-02580-CAB-WV... Document 41 ED ( KORG + all )

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

e.Digital Corporation,

Plaintiff,

v.

KORG, Inc.; KORG U.S.A., Inc.;

Guitar Center, Inc.; Sweetwater Sound

Inc.; Kraft Music Ltd.; Sam Ash Music

Corporation; and J & R Electronics

Inc.

Defendants.

Case No. 3:12-cv-2580-CAB-WVG

(1) JOINT MOTION RE: STIPULATED

ORDER OF DISMISSAL OF

CLAIMS BETWEEN PLAINTIFF

E.DIGITAL CORPORATION AND

DEFENDANTS KORG U.S.A.,

KORG, INC.; KORG U.S.A., INC.;

GUITAR CENTER, INC.;

SWEETWATER SOUND INC.;

KRAFT MUSIC LTD.; SAM ASH

MUSIC CORPORATION; AND J& R

ELECTRONICS INC.

Plaintiff e.Digital Corporation (“Plaintiff”) and Defendants Korg U.S.A.,

Korg, Inc.; Korg U.S.A., Inc.; Guitar Center, Inc.; Sweetwater Sound Inc.; Kraft

Music Ltd.; Sam Ash Music Corporation; And J& R Electronics Inc. (Collectively,

“The Defendants”) have reached an agreement for settlement of all claims brought

in this action.

On the basis of the settlement reached, Plaintiff hereby voluntarily dismisses

all claims brought against the KORG U.S.A. and KORG, INC., with prejudice; all

claims against Guitar Center, Inc.; Sweetwater Sound Inc.; Kraft Music Ltd.; Sam

Ash Music Corporation; And J& R Electronics Inc. as to the sale of only Korg

products with prejudice.

Thus, it is thereby respectfully requested, in accordance with federal rules of

civil procedure 41(a)(1)-(2), that the Court enter an order as follows:

1. Plaintiff hereby dismisses all claims brought against Korg U.S.A. and

Korg Inc., in this Civil Action with prejudice;

2. Plaintiff hereby dismisses all claims brought against Guitar Center, Inc.;

Sweetwater Sound Inc.; Kraft Music Ltd.; Sam Ash Music Corporation;

and J& R Electronics Inc. Civil Action as to the sale of only KORG

products with prejudice; and,

3. Each settling party shall bear its own costs and attorneys’ fees.

SO AGREED:

Dated: April 16, 2013

HANDAL & ASSOCIATES

By: /s/Pamela C.Chalk______________

Anton N. Handal

Pamela C. Chalk

Gabriel G. Hedrick

Attorneys for Plaintiff

e.Digital Corporation

Dated: April 16, 2013

MORRISON & FOERSTER LLP

By: /s/Bita Rahebi______________

Bita Rahebi

Huzefa Kapadia

Attorneys for Defendants

KORG, Inc.; KORG U.S.A., Inc.;

Guitar Center, Inc.; Sweetwater Sound

Inc.; Kraft Music Ltd.; Sam Ash Music

Corporation, and J & R Electronics Inc.

ATTESTATION OF E-FILED SIGNATURE

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies

and Procedures Manual, I, Pamela c. Chalk, attest that Bita Rahebi, signatory, has

read and approved the foregoing and consents to its filing in this action.

By /s/Pamela C. Chalk

Pamela C. Chalk

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the

foregoing document has been served on this date to all counsel of record, if any to

date, who are deemed to have consented to electronic service via the Court’s

CM/ECF system per CivLR 5.4(d). Any other counsel of record will be served by

electronic mail, facsimile and/or overnight delivery upon their appearance in this

matter.

I declare under penalty of perjury of the laws of the United States that the

foregoing is true and correct. Executed this 16th day of April, 2013 at San Diego,

California.

Dated: April 16, 2013

HANDAL & ASSOCIATES

By: /s/ Pamela C. Chalk

Anton N. Handal

Pamela C. Chalk

Gabriel G. Hedrick

Attorneys for Plaintiff

e.Digital Corporation

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