Pacer:EDIG v. Fuji Film settlement reached with prejudice- Mary Christmas to all
in response to
by
Message: Pacer:EDIG v. Fuji Film settlement reached with prejudice- Mary Christmas to all
ANTON HANDAL (Bar No. 113812) anh@handal-law.com PAMELA C. CHALK (Bar No. 216411) pchalk@handal-law.com GABRIEL HEDRICK (Bar No. 220649) ghedrick@handal-law.com H
SSOCIATES
1200 Third Avenue, Suite 1321 San Diego, California 92101 Tel: 619.544.6400 Fax: 619.696.0323 Attorneys for Plaintiff and Counter-Defendant
e.Digital Corporation SARAH BARROWS (Bar No. 253278) JAMES J. DECARLO (
pro hac vice
)
barrowss@gtlaw.com decarloj@gtlaw.com VERA RANIERI (Bar No. 271594) GREENBERG TRAURIG LLP ranieriv@gtlaw.com 200 Park Avenue GREENBERG TRAURIG LLP Florham Park, NJ 07932 4 Embarcadero Center Suite 3000 Tel: 973.360.7900 San Francisco, CA 94111 Fax: 973.301.8410 Tel: 415.655.1300 Fax: 415.707.2010 KEVIN J. O’SHEA (
)
osheak@gtlaw.com GREENBERG TRAURIG LLP 77 West Wacker Drive Chicago, IL 60601 Tel: 312.456.8400 Fax: 312.456.8435 Attorneys for Defendants and Counterclaimants FUJIFILM Corporation; FUJIFILM Holdings Corporation; FUJIFILM Holdings America Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff, v. FUJIFILM Corporation; FUJIFILM Holdings Corporation; FUJIFILM Holdings America Corporation, Defendants. Case No. 3:13-cv-00112-DMS-WVG
JOINT MOTION FOR VOLUNTARY DISMISSAL OF ALL CLAIMS AND COUNTERCLAIMS Assigned to the Honorable Judge Dana M. Sabraw Ctrm: 13A (Annex)
And Related Counterclaims. 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, Defendants and Counterclaimants FUJIFILM Corporation; FUJIFILM Holdings Corporation; and, FUJIFILM Holdings America Corporation (collectively hereafter referred to as “FUJIFILM” or “Defendants”) by their undersigned counsel, hereby present this joint stipulation and notice of dismissal. Plaintiff and the Defendants are collectively referred to hereafter as “the Parties.” The Parties stipulate and provide notice as follows: The Parties 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 Defendants and Counterclaimants FUJIFILM Corporation; FUJIFILM Holdings Corporation; and, FUJIFILM Holdings America Corporation WITH PREJUDICE. 2) Defendants and Counterclaimants FUJIFILM Corporation; FUJIFILM Holdings Corporation; and, FUJIFILM Holdings America Corporation hereby voluntarily dismiss all of their counterclaims brought in this matter against Plaintiff and Counter-Defendant e.Digital WITH PREJUDICE; and,
3) Plaintiff e.Digital Corporation’s claims of patent infringement are
hereby dismissed WITH PREJUDICE as to the following Retailer
Defendants, previously dismissed without prejudice in this case (Dkt
#43):
a) Best Buy Co., Inc.;
b) Best Buy Stores, L.P.;
c) Best Buy.Com LLC;
d) Sears Holdings Corporation;
e) Sears, Roebuck and Co.;
f) Kmart Corporation;
g) Crutchfield Corporation;
h) Target Corporation;
i) Wal-Mart Stores, Inc.; and,
j) Brookstone Company, Inc.
4) Each party to include the Retailer Defendants shall bear its own costs
and attorneys’ fees in this matter.
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 FUJIFILM Corporation;
FUJIFILM Holdings Corporation; and, FUJIFILM Holdings America
Corporation are dismissed WITH PREJUDICE;
2) Defendants and Counterclaimants FUJIFILM Corporation; FUJIFILM
Holdings Corporation; and, FUJIFILM Holdings America
Corporation’s counterclaims against e.Digital Corporation (Docket
#45) are hereby dismissed WITH PREJUDICE; and,
3) Plaintiff e.Digital Corporation’s claims of patent infringement are
hereby dismissed WITH PREJUDICE as to the following Retailer
Defendants, previously dismissed without prejudice in this case (Dkt
#43):
a) Best Buy Co., Inc.;
b) Best Buy Stores, L.P.; c) Best Buy.Com LLC; d) Sears Holdings Corporation; e) Sears, Roebuck and Co.; f) Kmart Corporation; g) Crutchfield Corporation; h) Target Corporation; i) Wal-Mart Stores, Inc.; and, j) Brookstone Company, Inc. 4) Each party to include the Retailer Defendants 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 24, 2013
HANDAL & ASSOCIATES By: /s/Pamela C. Chalk ___________ Pamela C. Chalk Attorneys for Plaintiff And Counter-Defendant e.Digital Corporation Dated: December 24, 2013 GREENBERG TRAURIG, LLP
By: /s/Kevin J. O’Shea ___________ Sarah Barrows Stephen Ullmer Vera Ranieri James J. DeCarlo Kevin O’Shea Attorneys for Defendants And Counter-Claimants FUJIFILM Corporation; FUJIFILM Holdings Corporation; FUJIFILM Holdings America Corporation
ATTESTATION OF E-FILED SIGNATURE Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures Manual, I, Kevin J. O’Shea, attest that signatory, Pamela Chalk, has read and approved the foregoing and consents to its filing in this action. By /s/Kevin J. O’Shea Kevin J. O’Shea CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served on December 24, 2013 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. By /s/Kevin J. O’Shea
Kevin J. O’Shea
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