Pacer : e.DIGITAL v Patriot Memory - MOTION TO DISMISS with prejudice
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Message: Pacer : e.DIGITAL v Patriot Memory - MOTION TO DISMISS with prejudice
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
CASE NO. 13-cv-2916-H-BGS
ORDER GRANTING JOINT
MOTION TO DISMISS WITH
PREJUDICE
[Doc. No. 25]
vs.
PATRIOT MEMORY, LLC,
Defendant.
On December 5, 2013, Plaintiff e.Digital Corporation filed its complaint against
Defendant Patriot Memory, LLC alleging infringement of U.S. Patent No. 5,839,108.
(Doc. No. 1.) On March 20, 2014, Defendant Patriot Memory, LLC filed its answer
and asserted two declaratory judgment counterclaims. (Doc. No. 13.) On July 23,
2014, Plaintiff filed a notice of settlement. (Doc. No. 23.) On August 4, 2014, the
Court ordered a limited continuance of deadlines until August 7, 2014 for the parties to effect settlement. (Doc. No. 26.) On the same day, the parties filed a joint motion to dismiss the action with prejudice. (Doc. No. 25.)
The Court, for good cause shown, grants the parties’ joint motion and dismisses
the action with prejudice. Fed. R. Civ. P. 41(a). The Court further orders as follows:
1. The Court dismisses all asserted claims and counterclaims with prejudice.
2. The parties will bear their own costs, expenses, and attorneys’ fees
associated with the prosecution and defense of this action; and
3. The Court directs the clerk to close this case.
IT IS SO ORDERED.
DATED: August 5, 2014
______________________________
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT
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