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Contract analysis / stipulation-of-dismissal.docx
stipulation-of-dismissal.docx
1006-00004 · 13 clauses
High · 0 Medium · 1 Standard · 1
1. Dismissal of All Claims with Prejudice. All claims asserted by Plaintiff against Defend
1. Dismissal of All Claims with Prejudice. All claims asserted by Plaintiff against Defendants in the Verified Complaint filed on February 26, 2024, including without limitation Count I (misappropriation of trade secrets under the Defend Trade Secrets Act, 18 U.S.C. §§ 1836–1839), Count II (misappropriation of trade secrets under the Ohio Uniform Trade Secrets Act, Ohio Rev. Code §§ 1333.61–1333.69), Count III (breac
2. Dismissal of All Counterclaims with Prejudice. All counterclaims, cross-claims, affirma
2. Dismissal of All Counterclaims with Prejudice. All counterclaims, cross-claims, affirmative defenses asserted as counterclaims, and any other claims that have been asserted or could have been asserted by any Defendant against Plaintiff in this action are hereby dismissed with prejudice and on the merits. This includes, without limitation, any claims for damages, declaratory relief, or other relief that Defendants
3. Costs and Attorneys' Fees. Each Party shall bear its own costs, expenses, and attorneys Standard
⚑ Commercial term
3. Costs and Attorneys' Fees. Each Party shall bear its own costs, expenses, and attorneys' fees incurred in connection with this action and the negotiation and execution of the Settlement Agreement, except as otherwise specifically provided in the Settlement Agreement dated September 12, 2024. No Party shall seek an award of costs or attorneys' fees from any other Party by motion or any other application to this Cou
4. Dissolution of Injunctive Relief. The Preliminary Injunction entered by this Court by O
4. Dissolution of Injunctive Relief. The Preliminary Injunction entered by this Court by Order dated April 18, 2024, including all terms and conditions set forth therein, is hereby dissolved and shall be of no further force or effect as of the date of entry of the Order approving this Joint Stipulation of Dismissal. This dissolution is without prejudice to the permanent injunctive relief and ongoing restrictive coven
5. Continuing Jurisdiction. The Court shall retain jurisdiction over this action solely fo
5. Continuing Jurisdiction. The Court shall retain jurisdiction over this action solely for the limited purpose of enforcing the terms of the Settlement Agreement dated September 12, 2024, to the extent any Party seeks such enforcement by motion or other application filed with this Court. Nothing in this Joint Stipulation shall be construed to limit any Party's right to pursue enforcement of the Settlement Agreement
6. Authorization. The undersigned counsel represent and warrant that they are fully author
6. Authorization. The undersigned counsel represent and warrant that they are fully authorized by their respective clients to execute this Joint Stipulation of Dismissal and to bind their respective clients to the terms hereof. Defendants Norris and Fielding, by and through their counsel, confirm their individual consent to the dismissal of this action on the terms stated herein. [Signature blocks Follow on Next Page
1. All claims asserted by Plaintiff Crestline Packaging Solutions LLC against Defendants
1. All claims asserted by Plaintiff Crestline Packaging Solutions LLC against Defendants Harlow Chemical Supply Inc., Gerald W. Norris, and Kenneth Fielding in this action, including Count I (misappropriation of trade secrets under the Defend Trade Secrets Act, 18 U.S.C. §§ 1836–1839), Count II (misappropriation of trade secrets under the Ohio Uniform Trade Secrets Act, Ohio Rev. Code §§ 1333.61–1333.69), Count III (
2. All counterclaims, cross-claims, or other claims that have been asserted or could have
2. All counterclaims, cross-claims, or other claims that have been asserted or could have been asserted by any Defendant against Plaintiff in this action are DISMISSED WITH PREJUDICE and on the merits.
3. Each party shall bear its own costs and attorneys' fees incurred in connection with th Medium
⚑ Confidentiality undertaking
3. Each party shall bear its own costs and attorneys' fees incurred in connection with this action, except as otherwise provided in the parties' confidential Settlement Agreement dated September 12, 2024.
4. The Preliminary Injunction entered by Order of this Court dated April 18, 2024, is her
4. The Preliminary Injunction entered by Order of this Court dated April 18, 2024, is hereby DISSOLVED and shall be of no further force or effect.
5. The Court retains jurisdiction over this action for the limited purpose of enforcing t
5. The Court retains jurisdiction over this action for the limited purpose of enforcing the terms of the Settlement Agreement dated September 12, 2024, upon application by any party.
6. This is a final, appealable order, and there is no just reason for delay. See Fed. R.
6. This is a final, appealable order, and there is no just reason for delay. See Fed. R. Civ. P. 54(b).
7. The Clerk of Court is directed to CLOSE this case and remove it from the Court's activ
7. The Clerk of Court is directed to CLOSE this case and remove it from the Court's active docket. IT IS SO ORDERED. Dated: _____, 2024 ________________________________________ HON. PATRICIA LANGFORD United States District Judge Southern District of Ohio, Eastern Division CERTIFICATE OF SERVICE I hereby certify that on September 30, 2024, the foregoing Joint Stipulation of Dismissal with Prejudice and [Proposed] Orde