Blinky, Inc v. EMT Lighting, Inc et al
Filing
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STIPULATION AND ORDER DISMISSING CASE with Prejudice. Each party to bear its own fees and costs. Signed by Judge Saundra Brown Armstrong, on 8/9/12. (lrc, COURT STAFF) (Filed on 8/10/2012) Modified on 8/10/2012 (jlm, COURT STAFF).
<![CDATA[
Case4:11-cv-05487-SBA Document33 Filed08/07/12 Page1 of 4
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Anne Hiaring Hocking, Cal. Bar No. 88639
anne@hiaringsmith.com
Vijay K. Toke, Cal. Bar No. 215079
vijay@hiaringsmith.com
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HIARING + SMITH, LLP
101 Lucas Valley Road, Suite 300
San Rafael, CA 94903
Telephone: (415) 457-2040
Facsimile: (415) 457-2822
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Attorneys for Plaintiff/Counterdefendant
BLINKY INC.
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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)
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Plaintiff, )
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vs.
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EMT LIGHTING, INC., a California
Corporation, EMT TECHNOLOGIES, INC., a )
Nevada Corporation, EMT TECHNOLOGIES, )
)
a sole proprietorship, GEORGE DANIEL
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WALLER, an individual, ROBERT
HENDERSON, an individual, and DOES 1 – )
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100,
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Defendants. )
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BLINKY INC., a California Corporation,
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Case No.: CV-11-05487 SBA
STIPULATION FOR DISMISSAL OF
ACTION WITH PREJUDICE
[Fed. R. Civ. P. 41(a)(1)(A)(ii)];
ORDER
Action Filed 11/10/2011
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CV-11-05487 SBA: STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE
[Fed. R. Civ. P. 41(a)(1)(A)(ii)]
Case4:11-cv-05487-SBA Document33 Filed08/07/12 Page2 of 4
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STIPULATION FOR DISMISSAL WITH PREJUDICE
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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS HEREBY
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STIPULATED by and between BLINKY, INC. (”Plaintiff” and “Counterdefendant”) and GEORGE
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DANIEL WALLER and SHERRY J. WALLER, as Husband & Wife dba ENERGY
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MANAGEMENT TECHNOLOGIES (“Defendants” and “Counterclaimants”), by and through their
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respective counsel of record herein, that the entirety of the above-captioned action, including
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Plaintiff’s Complaint as to all named defendants, and all claims therein, Counterclaimant’s
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Counterclaims, and all claims therein, shall be dismissed WITH PREJUDICE, and all claims
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against DOE defendants shall be dismissed WITHOUT PREJUDICE.
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The parties further stipulate and request that the Court retain jurisdiction to enforce the terms
of the Settlement Agreement in this action.
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The parties stipulate that each party is to bear its own fees and costs.
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IT IS SO STIPULATED.
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DATED: August 7, 2012
HIARING + SMITH LLP
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By: _/s/ Vijay K. Toke____
Vijay K. Toke
Attorneys for Plaintiff and Counterdefendant
BLINKY, INC.
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DATED: August 7, 2012
NEWHOUSE & ASSOCIATES
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By: __/David E. Newhouse/__
David E. Newhouse
Attorneys for Defendants and Counterclaimant
GEORGE DANIEL WALLER and
SHERRY J. WALLER,
as Husband & Wife dba
ENERGY MANAGEMENT TECHNOLOGIES
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///
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CV-11-05487 SBA: STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE
[Fed. R. Civ. P. 41(a)(1)(A)(ii)]
Case4:11-cv-05487-SBA Document33 Filed08/07/12 Page3 of 4
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: 8/9/12
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The Honorable Saundra B. Armstrong
United States District Judge
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CV-11-05487 SBA: STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE
[Fed. R. Civ. P. 41(a)(1)(A)(ii)]
Case4:11-cv-05487-SBA Document33 Filed08/07/12 Page4 of 4
CERTIFICATE OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF MARIN
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I am employed in the County of Marin, State of California; my business address is 101
Lucas Valley Road, Suite 300, San Rafael, California 94903; I am over the age of 18 and not a
party to the within action. On August 7, 2012, I served the following document(s):
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STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE
[Fed. R. Civ. P. 41(a)(1)(A)(ii)];ORDER
on the parties shown below:
David E. Newhouse, Esq.
Newhouse & Associates
Twin Oaks Office Plaza, Suite 112
477 Ninth Avenue
San Mateo, CA 94402
Attorney for Defendants &
Counterclaimants:
George Daniel Waller
Sherry J. Waller
Husband and Wife dba
Energy Management Technologies
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__X__ (BY MAIL) I am readily familiar with the firm’s practice for the processing of
mail; on this date, the above-referenced documents were placed for collection
and delivery by the U.S. Postal Service following ordinary business practices.
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__X__ Federal: I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
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Executed this 7th day of August 2012 at San Rafael, California.
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/s/ Gerie Johnson
Gerie Johnson
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CERTIFICATE OF SERVICE
Case No. CV-11-05487 SBA
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