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Contract analysis / exhibit-c-stipulated-dismissal.docx
exhibit-c-stipulated-dismissal.docx
1033-00006 · 10 clauses
High · 0 Medium · 2 Standard · 1
1. Dismissal with Prejudice. The Parties hereby stipulate that the entire action, Case No.
1. Dismissal with Prejudice. The Parties hereby stipulate that the entire action, Case No. 24STCV-01892, Redstone Gaming Corp. v. Grizzly Peak Research LLC, et al., including all claims asserted in the First Amended Complaint filed on March 18, 2024, and all causes of action stated therein — specifically, the first cause of action for Trade Libel (Cal. Civ. Code § 46(3)), the second cause of action for Intentional In
2. Dismissal of All Cross-Claims, Counterclaims, and Affirmative Defenses. To the extent t
2. Dismissal of All Cross-Claims, Counterclaims, and Affirmative Defenses. To the extent that any cross-claims, counterclaims, cross-complaints, or affirmative defenses have been asserted by any party in this action, all such cross-claims, counterclaims, cross-complaints, and affirmative defenses are likewise dismissed with prejudice as to all parties who have asserted them.
3. Retention of Jurisdiction Pursuant to California Code of Civil Procedure Section 664.6. Medium
⚑ Liability cap to check against exposure
3. Retention of Jurisdiction Pursuant to California Code of Civil Procedure Section 664.6. Notwithstanding the dismissal ordered pursuant to Paragraphs 1 and 2 above, the Parties hereby stipulate and respectfully request that the Court retain jurisdiction over the Parties and the subject matter of this action for the sole and express purpose of enforcing the terms and conditions of the Settlement Agreement and Mutual
4. Attorneys' Fees and Costs. Each Party shall bear its own attorneys' fees and costs incu Medium
⚑ Liability cap to check against exposure
4. Attorneys' Fees and Costs. Each Party shall bear its own attorneys' fees and costs incurred in connection with this action, including but not limited to all fees and costs incurred in connection with the prosecution, defense, mediation, settlement, and dismissal of this action. No Party shall seek or be entitled to recover any attorneys' fees, costs, or expenses from any other Party, whether by motion, noticed mot
5. Filing Deadline. Pursuant to Section 9.2 of the Settlement Agreement, this Stipulation
5. Filing Deadline. Pursuant to Section 9.2 of the Settlement Agreement, this Stipulation is to be filed with the Court within ten (10) business days of the Effective Date of the Settlement Agreement. The Effective Date of the Settlement Agreement is January 6, 2025. Accordingly, the target filing date for this Stipulation is no later than February 19, 2025.
6. Authority. Each person executing this Stipulation on behalf of a Party represents and w
6. Authority. Each person executing this Stipulation on behalf of a Party represents and warrants that he or she has been duly authorized to execute this Stipulation on behalf of the respective Party, and that this Stipulation is binding upon the Party on whose behalf it is executed. Counsel for Plaintiff represent that they have been authorized by Plaintiff Redstone Gaming Corp. to enter into this Stipulation on its
1. The entire action, Case No. 24STCV-01892, Redstone Gaming Corp. v. Grizzly Peak Researc
1. The entire action, Case No. 24STCV-01892, Redstone Gaming Corp. v. Grizzly Peak Research LLC, et al., is hereby dismissed with prejudice as to all Parties and as to all claims asserted therein, including all four causes of action set forth in the First Amended Complaint filed on March 18, 2024, namely: (1) Trade Libel (Cal. Civ. Code § 46(3)); (2) Intentional Interference with Prospective Economic Advantage; (3) U
2. All cross-claims, counterclaims, cross-complaints, and affirmative defenses, if any, th
2. All cross-claims, counterclaims, cross-complaints, and affirmative defenses, if any, that have been asserted by any party in this action are hereby dismissed with prejudice.
3. Pursuant to California Code of Civil Procedure Section 664.6, and upon the stipulation
3. Pursuant to California Code of Civil Procedure Section 664.6, and upon the stipulation of all Parties, this Court hereby retains jurisdiction over the Parties and the subject matter of this action for the purpose of enforcing the terms and conditions of the Settlement Agreement and Mutual Release dated January 6, 2025, until all obligations thereunder have been fully performed by all Parties. Any Party may apply t
4. Each Party shall bear its own attorneys' fees and costs incurred in connection with thi Standard
⚑ Commercial term
4. Each Party shall bear its own attorneys' fees and costs incurred in connection with this action. This Order constitutes a final, appealable order disposing of all claims and all parties in this action, subject only to the Court's retained jurisdiction for enforcement purposes as set forth in Paragraph 3 above. IT IS SO ORDERED. Dated: ________ ________________________________________ Hon. Patricia Yamamoto Judge o