Brecheisen v. Blue Collar Production, LLC, No. 1:2015cv01132 - Document 97 (D. Colo. 2017)

Court Description: ORDER Granting 96 the Joint Stipulation and Motion to Dismiss. It is further ORDERED that the EPTLA, As Amended represents the agreement of the parties as a settlement of this case and may be enforced by specific performance for as long as the Court retains jurisdiction of this matter and of the parties pursuant to this Order. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), all of plaintiff's claims against defendant are dismissed with prejudice and all of defendant's claims against plaintiff are dismissed with prejudice, with each party to bear his or its own attorney's fees and costs, by Judge Philip A. Brimmer on 2/15/2016. (evana, )

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Brecheisen v. Blue Collar Production, LLC Doc. 97 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 15-cv-01132-PAB-KLM MARION BRECHEISEN, Plaintiff, v. BLUE COLLAR PRODUCTION, LLC, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter comes before the Court on the Joint Stipulation and Motion to Dismiss [Docket No. 96] filed by plaintiff Marion Brecheisen and defendant Blue Collar Production, LLC. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the Court may order dismissal on terms that it deems proper upon motion of the parties. The Court finds that dismissal of all pending claims in this matter is proper. The Court finds that the parties have agreed to ratify and enforce the Exclusive Patent and Trademark License Agreement of March 26, 2015 (“EPTLA”) as amended by the Amendment to Exclusive Patent and Trademark License Agreement of February 7, 2017 (“Amendment”) (collectively, “EPTLA, As Amended”). The EPTLA, As Amended is attached hereto as Exhibit A and its terms incorporated into this Order. Therefore, it is Dockets.Justia.com ORDERED that the Joint Stipulation and Motion to Dismiss [Docket No. 96] is granted. It is further ORDERED that the EPTLA, As Amended represents the agreement of the parties as a settlement of this case and may be enforced by specific performance for as long as the Court retains jurisdiction of this matter and of the parties pursuant to this Order. It is further ORDERED that the Court will retain jurisdiction of this case for the purpose of specifically enforcing the following obligations set forth in the EPTLA, As Amended: A. Plaintiff Marion Brecheisen’s obligation to provide all records, materials, and any other information related to the Intellectual Property in his possession, custody, or control, including all patent prosecution materials and any information relating to the patent validity and the claim scope on or before March 31, 2017; B. Plaintiff Marion Brecheisen’s obligation to make himself available within ninety days upon a mutually agreeable date and time to be interviewed by defendant Blue Collar Production, LLC’s patent counsel at the law offices of plaintiff’s counsel, concerning the Intellectual Property; and C. Plaintiff Marion Brecheisen’s obligation to provide all reasonable documents to enable Blue Collar Production to move forward on the EPTLA, As Amended, including information in his possession, custody, or control concerning the Intellectual Property. It is further 2 ORDERED that, pursuant to Fed. R. Civ. P. 41(a), all of plaintiff’s claims against defendant are dismissed with prejudice and all of defendant’s claims against plaintiff are dismissed with prejudice, with each party to bear his or its own attorney’s fees and costs. DATED February 15, 2017. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 3 Exhibit A

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