United States District Court, W.D. Pennsylvania
November 29, 2005.
LEISURETECH ELECTRONICS PTY LIMITED, Plaintiff,
GREYFOX SYSTEMS, INC., Defendant/Third Party Plaintiff, v. SPEAKER COMPONENTS INTERNATIONAL, INC., Third-Party Defendant.
The opinion of the court was delivered by: DONETTA AMBROSE, District Judge
STIPULATION FOR DISMISSAL AND ORDER THEREON
WHEREAS, on or about March 9, 2004, Leisure Tech Electronics
Pty, Limited ("LTE") commenced an action against defendant
Greyfox Systems, Inc. ("Greyfox") in the United States District
Court for the Northern District of California, which was
subsequently transferred to the United States District Court for
the Western District of Pennsylvania (Case No. 04-906) (the
WHEREAS, on or about May 12, 2004, Judge Jeffrey S. White of
the United States District Court for the Northern District of
California entered an order granting LTE's motion for a
preliminary injunction against Greyfox (the "Preliminary
WHEREAS, on or about May 19, 2004, LTE deposited with the
Clerk of the United States District Court for the Northern
District of California the amount of $10,000 (ten thousand U.S.
dollars) as an undertaking pursuant to Fed.R.Civ.P. 65(c) in
connection with the Preliminary Injunction (the "Undertaking");
WHEREAS, in the Action on or about April 27, 2004, Greyfox
filed a Third Party Complaint against Speaker Components
International, Inc. ("SCI") and on or about August 6, 2004, SCI
filed its Answer to the Third Party Complaint and Counterclaims
against Greyfox, and on or about December 1, 2004, SCI filed its
First Amended Answer to the Third Party Complaint and
Counterclaims Against LTE and Greyfox, and on or about December
22, 2004, Greyfox filed its Answer to Counterclaim of SCI, and on
or about February 7, 2005, LTE filed its Answer and Counterclaims
Against Speaker Components International, Inc.;
IT IS HEREBY STIPULATED AND AGREED that, pursuant to
Fed.R.Civ.P. 41(a), the Action shall be dismissed with prejudice in
its entirety. Each party shall bear its own costs and attorneys'
fees in connection with this Action.
IT IS FURTHER STIPULATED AND AGREED that the Preliminary
Injunction is and shall be dissolved.
IT IS FURTHER STIPULATED AND AGREED that the Undertaking
deposited with the Clerk of the United States District Court,
Northern District of California, is no longer necessary and shall
be extinguished and the amount of such Undertaking returned to
LTE. Greyfox agrees to assist LTE with any steps necessary to
have the Undertaking so extinguished and returned. IT IS SO ORDERED.
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