Pacer:e.DIGITAL v.Mach Speed- settlement has been reached (with prejudice )
posted on
Dec 20, 2013 03:12PM
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA: Plaintiff and Counter-Defendant e.Digital Corporation (“e.Digital” or “Plaintiff”); and, Defendant and Counterclaimant Mach Speed Technologies LLC (“Mach Speed” or “Defendant”) by their undersigned counsel, hereby present this joint stipulation and notice of dismissal. Plaintiff and the Defendant are collectively referred to hereafter as “the Parties.” The Parties stipulate and provide notice as follows: Plaintiff and Defendant have reached an agreement on a settlement of all claims brought in this action. On the basis of the settlement reached, the Parties hereby stipulate and agree as follows: 1) Plaintiff hereby voluntarily dismisses all claims brought in this matter against Defendant and Counterclaimant Mach Speed WITH PREJUDICE. 2) Defendant Counterclaimant Mach Speed hereby voluntarily dismiss all of its counterclaims brought in this matter against Plaintiff and Counter-Defendant e.Digital WITH PREJUDICE; and, 3) Each party shall bear its own costs and attorneys’ fees. 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 and Counter-Defendant e.Digital Corporation’s claims made it in its Complaint (Docket #1) against Mach Speed are dismissed WITH PREJUDICE; 2) Defendant and Counterclaimant Mach Speed’s counterclaims (Docket #38) are hereby dismissed WITH PREJUDICE; and, 3) Each party shall bear its own costs and attorneys’ fees.
Pursuant to Local Civil Rule 7.2, the parties hereto will separately submit a Proposed Order granting the relief requested. Dated: December 13, 2013
Dated: December 13, 2013
BILLINGSLEY & ASSOCIATES
By: /s/J. Wes Billingsley ______ J. Wes Billingsley Attorneys for Defendant and Counterclaimant Mach Speed Technologies, LLC