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Contract analysis / stipulation-dismissal-with-prejudice.docx
stipulation-dismissal-with-prejudice.docx
1033-00006 · 13 clauses
High · 2 Medium · 2 Standard · 1
I. STIPULATION Medium
⚑ Liability cap to check against exposure
I. STIPULATION A. Introductory Recitals The following parties, through their respective counsel of record identified below, hereby stipulate and agree to the dismissal of this entire action with prejudice, subject to the terms and conditions set forth herein: Plaintiff Redstone Gaming Corp. ("RGC"), a Nevada corporation, by and through its attorneys of record, Calderwood & Harkness LLP (Francesca Morano, State Bar No
1. Dismissal with Prejudice
1. Dismissal with Prejudice The Parties hereby stipulate that the entire action, Redstone Gaming Corp. v. Grizzly Peak Research LLC, et al., Case No. 24STCV-01892, including all claims and causes of action asserted in the First Amended Complaint, and any and all cross-claims, counterclaims, and affirmative defenses asserted or that could have been asserted by any Party herein, be dismissed in its entirety and with pr
2. Retention of Jurisdiction Under California Code of Civil Procedure Section 664.6 High
⚑ Penalty / liquidated damages
2. Retention of Jurisdiction Under California Code of Civil Procedure Section 664.6 Notwithstanding the dismissal of this action with prejudice as set forth in Paragraph 1 above, the Parties hereby stipulate and request that this Court retain jurisdiction over the Parties and the subject matter of this action solely for the purpose of enforcing the terms, conditions, and obligations of the Settlement Agreement and Mu
3. Attorneys' Fees and Costs Medium
⚑ Liability cap to check against exposure
3. 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 attorneys' fees, expert fees, consultant fees, costs of depositions, costs of document production and review, filing fees, and all other expenses and costs of litigation, whether taxable or non-taxable, unless otherwise expressly provided in the Settlement Agre
4. No Admission of Liability
4. No Admission of Liability This Stipulation and the Settlement Agreement shall not constitute, and shall not be construed as, an admission of liability, fault, wrongdoing, or the validity of any claim or defense by any Party. The Parties expressly acknowledge and agree that each of them denies any and all allegations of wrongdoing and enters into this Stipulation and the Settlement Agreement solely for the purpose
5. Authority to Enter Stipulation
5. Authority to Enter Stipulation Counsel for each Party represents and warrants that they are duly authorized by their respective clients to enter into this Stipulation and to bind their respective clients to the terms set forth herein. Each individual executing this Stipulation on behalf of a corporate or entity Party represents and warrants that such individual has full power and authority to bind such entity to t
6. Filing Date
6. Filing Date This Stipulation and [Proposed] Order shall be filed with the Clerk of the Superior Court of the State of California, County of Los Angeles, within ten (10) business days of the Effective Date of the Settlement Agreement (January 6, 2025). Accordingly, the target filing date for this Stipulation and [Proposed] Order is on or before February 19, 2025. In the event that filing is delayed for any reason,
II. SIGNATURE BLOCKS
II. SIGNATURE BLOCKS IN WITNESS WHEREOF, the undersigned counsel, being duly authorized by their respective clients, have executed this Stipulation as of the dates set forth below. PLAINTIFF REDSTONE GAMING CORP. CALDERWOOD & HARKNESS LLP Dated: ______ By: ________ Francesca Morano Responsible Partner Attorneys for Plaintiff Redstone Gaming Corp. 333 South Grand Avenue, Suite 4800 Los Angeles, California 90071 Teleph
III. [PROPOSED] ORDER
III. [PROPOSED] ORDER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CENTRAL DISTRICT ORDER GRANTING STIPULATION FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE The Court, having reviewed and considered the foregoing Stipulation of the Parties filed herein, and the Court having found that each Party to this action has stipulated to the dismissal, that the Stipulation has been executed by counsel duly a
1. The entire action, Redstone Gaming Corp. v. Grizzly Peak Research LLC, et al., Case No
1. The entire action, Redstone Gaming Corp. v. Grizzly Peak Research LLC, et al., Case No. 24STCV-01892, including all claims and causes of action asserted in the First Amended Complaint — specifically, the First Cause of Action for Trade Libel (Cal. Civ. Code § 46(3)), the Second Cause of Action for Intentional Interference with Prospective Economic Advantage, the Third Cause of Action for Unfair Business Practices
2. Pursuant to California Code of Civil Procedure Section 664.6, and based upon the expre
2. Pursuant to California Code of Civil Procedure Section 664.6, and based upon the express stipulation of all Parties, this Court RETAINS JURISDICTION over the Parties and the subject matter of this action for the sole and limited purpose of enforcing the terms, conditions, and obligations of the Settlement Agreement and Mutual Release dated January 6, 2025, until all obligations thereunder have been fully performed
3. Each Party shall bear its own attorneys' fees and costs incurred in connection with th Standard
⚑ Commercial term
3. Each Party shall bear its own attorneys' fees and costs incurred in connection with this action, unless otherwise expressly provided in the Settlement Agreement. IT IS SO ORDERED. Dated: ______ ________________________________________ HON. PATRICIA YAMAMOTO Judge of the Superior Court State of California, County of Los Angeles
IV. PROOF OF SERVICE High
⚑ Penalty / liquidated damages
IV. PROOF OF SERVICE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, Jennifer M. Castillo, declare as follows: I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 333 South Grand Avenue, Suite 4800, Los Angeles, California 90071. On February 19, 2025, I served the foregoing document descri