UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE
Plaintiff Crestline Packaging Solutions LLC ("CPS" or "Plaintiff") and Defendants Harlow Chemical Supply Inc. ("Harlow"), Gerald W. Norris ("Norris"), and Kenneth Fielding ("Fielding") (Harlow, Norris, and Fielding collectively referred to herein as "Defendants," and together with Plaintiff, the "Parties"), by and through their respective undersigned counsel, hereby stipulate and agree to the dismissal of this action in its entirety, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), on the terms set forth below.
WHEREAS, Plaintiff filed its Verified Complaint in this action on February 26, 2024, asserting claims against Defendants for: (1) misappropriation of trade secrets under the Defend Trade Secrets Act, 18 U.S.C. §§ 1836–1839 (Count I); (2) misappropriation of trade secrets under the Ohio Uniform Trade Secrets Act, Ohio Rev. Code §§ 1333.61–1333.69 (Count II); (3) breach of contract (Count III); (4) tortious interference with business relationships (Count IV); and (5) unjust enrichment (Count V);
WHEREAS, the Court entered a Temporary Restraining Order on March 4, 2024, restraining Defendants from, among other things, using, disclosing, or disseminating certain confidential and proprietary information belonging to Plaintiff, which Temporary Restraining Order was subsequently converted into a Preliminary Injunction by Order dated April 18, 2024, following a hearing on Plaintiff's Motion for Preliminary Injunction held on April 11, 2024;
WHEREAS, the Parties, through their respective counsel, participated in a full-day mediation session on August 14, 2024, before the Honorable Franklin DeLuca (ret.) of Ashford Dispute Resolution Services LLC, in Columbus, Ohio;
WHEREAS, as a result of that mediation and subsequent arm's-length negotiations, the Parties have entered into a confidential Settlement Agreement and Mutual Release dated September 12, 2024 (the "Settlement Agreement"), which resolves all claims, counterclaims, cross-claims, disputes, and controversies between and among the Parties arising out of or relating to the subject matter of this action;
WHEREAS, the terms of the Settlement Agreement have been fully satisfied, including, without limitation, the receipt by Plaintiff of the full amount of the monetary consideration provided for therein, which funds were received by Plaintiff on September 30, 2024; and
WHEREAS, in accordance with the Settlement Agreement, the Parties desire to effectuate a full and final dismissal of this action with prejudice, upon the terms set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained in the Settlement Agreement, the Parties hereby stipulate and agree as follows:
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 (breach of contract), Count IV (tortious interference with business relationships), and Count V (unjust enrichment), are hereby dismissed with prejudice and on the merits. This dismissal encompasses all claims, causes of action, demands, and requests for relief set forth in the Verified Complaint, as well as any claims that were or could have been asserted by Plaintiff against Defendants arising out of or relating to the facts and circumstances alleged therein.
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 could have brought in connection with this proceeding.
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 Court, except as may be necessary to enforce the terms of the Settlement Agreement.
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 covenants provided for in the Settlement Agreement dated September 12, 2024, which the Parties have agreed to be bound by independently of any Court order and which remain in full force and effect in accordance with their terms.
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 in any court of competent jurisdiction, as provided therein.
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.
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AGREED AND STIPULATED:
FOR PLAINTIFF CRESTLINE PACKAGING SOLUTIONS LLC:
CALDERWOOD & HARKNESS LLP
By: ________
Catherine Bloom (Ohio Bar No. 0078342) Responsible Partner, intellectual Property Litigation Calderwood & Harkness LLP 250 East Broad Street, Suite 1800 Columbus, Ohio 43215 Telephone: (614) 555-9200 Facsimile: (614) 555-9201
Email: cbloom@calderwoodharkness.com
Counsel for Plaintiff Crestline Packaging Solutions LLC
Dated: September 30, 2024
FOR DEFENDANTS HARLOW CHEMICAL SUPPLY INC., GERALD W. NORRIS, AND KENNETH FIELDING:
VOSS GENTRY & WHITAKER LLP
By: ________
Brian Whitaker (Indiana Bar No. 24601-49) Lead Partner Voss Gentry & Whitaker LLP 300 North Meridian Street, Suite 2500 Indianapolis, Indiana 46204 Telephone: (317) 555-4100 Facsimile: (317) 555-4101
Email: bwhitaker@vgwlaw.com
Counsel for Defendants Harlow Chemical Supply Inc., Gerald W. Norris, and Kenneth Fielding
Dated: September 30, 2024
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE
Upon consideration of the Joint Stipulation of Dismissal with Prejudice filed by Plaintiff Crestline Packaging Solutions LLC and Defendants Harlow Chemical Supply Inc., Gerald W. Norris, and Kenneth Fielding, and the Court having reviewed the Joint Stipulation and the record in this matter, and for good cause shown:
IT IS HEREBY ORDERED that:
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 (breach of contract), Count IV (tortious interference with business relationships), and Count V (unjust enrichment), are DISMISSED WITH PREJUDICE and on the merits.
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 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 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 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. Civ. P. 54(b).
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] Order of Dismissal with Prejudice were filed electronically via the Court's CM/ECF system, which will automatically send notification of such electronic filing to all counsel of record registered in the CM/ECF system for this case, including the following:
Brian Whitaker, Esq. Voss Gentry & Whitaker LLP 300 North Meridian Street, Suite 2500 Indianapolis, Indiana 46204
Email: bwhitaker@vgwlaw.com
Counsel for Defendants Harlow Chemical Supply Inc., Gerald W. Norris, and Kenneth Fielding
Danielle Pacheco, Esq. Voss Gentry & Whitaker LLP 300 North Meridian Street, Suite 2500 Indianapolis, Indiana 46204
Email: dpacheco@vgwlaw.com
Counsel for Defendants Harlow Chemical Supply Inc., Gerald W. Norris, and Kenneth Fielding
________________________________________
Catherine Bloom (Ohio Bar No. 0078342) Calderwood & Harkness LLP 250 East Broad Street, Suite 1800 Columbus, Ohio 43215 Telephone: (614) 555-9200
Email: cbloom@calderwoodharkness.com
Counsel for Plaintiff Crestline Packaging Solutions LLC
CRESTLINE PACKAGING SOLUTIONS LLC, an Ohio limited liability company,
<!-- indent:2 -->Plaintiff,<!-- /indent -->
Case No. 2:24-cv-00891
v.
Judge Patricia Langford
HARLOW CHEMICAL SUPPLY INC., an Indiana corporation; GERALD W. NORRIS, individually; and KENNETH FIELDING, individually,
<!-- indent:2 -->Defendants.<!-- /indent -->
CRESTLINE PACKAGING SOLUTIONS LLC, an Ohio limited liability company,
<!-- indent:2 -->Plaintiff,<!-- /indent -->
Case No. 2:24-cv-00891
v.
Judge Patricia Langford
HARLOW CHEMICAL SUPPLY INC., an Indiana corporation; GERALD W. NORRIS, individually; and KENNETH FIELDING, individually,
<!-- indent:2 -->Defendants.<!-- /indent -->