Case 3:12-cv-02580-CAB-WV... Document 41 ED ( KORG + all )
posted on
Apr 20, 2013 02:10PM
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