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Cywee Group Ltd. v. HTC Corp.

United States District Court, W.D. Washington, Seattle

June 1, 2018

CYWEE GROUP LTD., Plaintiff,
v.
HTC CORPORATION, and HTC AMERICA, INC., Defendants. HTC CORPORATION, and HTC AMERICA, INC., Third-Party Plaintiffs,
v.
STMICROELECTRONICS N.V., STMICROELECTRONICS, INC., and CYWEE MOTION GROUP LTD., Third-Party Defendants.

          WILSON SONSINI GOODRICH & ROSATI Gregory L. Watts, WSBA # 43995 Wilson Sonsini Goodrich & Rosati Professional Corporation James C. Yoon, CA Bar #177155 (pro hac vice) Ryan R. Smith, CA Bar #229323 (pro hac vice) Albert Shih, CA Bar # 251726 (pro hac vice) Jamie Y. Otto, CA Bar # 295099 (pro hac vice) Wilson Sonsini Goodrich & Rosati, Ty W. Callahan, CA Bar # 312548 (pro hac vice) Wilson Sonsini Goodrich & Rosati Attorneys for Defendants and Third-Party Plaintiffs HTC Corporation and HTC America, Inc.

          Brian G. Bodine, WSBA #22414 Lane Powell PC Matt Berkowitz, CA Bar No. 310426 (pro hac vice) Shearman & Sterling LLP Attorney for Third-Party Defendant STMicroelectronics, Inc.

          STIPULATED MOTION AND [PROPOSED] ORDER FOR DISMISSAL OF ALL CLAIMS AGAINST STMICROELECTRONICS N.V., STMICROELECTRONICS, INC., AND STMICROELECTRONICS ASIA PACIFIC PTE. LTD. WITH PREJUDICE NOTE ON MOTION CALENDAR: May 31, 2018

          JAMES L. ROBART, UNITED STATES DISTRICT JUDGE

         HTC Corporation and HTC America, Inc. (collectively, "HTC") and STMicroelectronics, Inc. ("ST Inc.") hereby stipulate:

         WHEREAS, on January 11, 2018, HTC filed a Third-Party Complaint (Dkt. # 43) against STMicroelectronics N.V. ("ST N.V.") and ST Inc. for (1) Indemnity, (2) Breach of Warranty, and (3) Contribution;

         WHEREAS, on March 26, 2018, ST Inc. filed a Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. #64);

         WHEREAS, on April 23, 2018, in light of HTC's Statement of Non-Opposition (Dkt. # 77), this Court granted ST Inc.'s Motion to Dismiss Pursuant to 12(b)(6) and dismissed all claims against ST Inc. with prejudice (Dkt. # 79);

         WHEREAS, on May 15, 2018, HTC filed its pending Motion for Leave to File First Amended Third-Party Complaint (Dkt. # 87), whereby the proposed First Amended Third-Party Complaint (Dkt. # 88-1) replaces ST Inc. with STMicroelectronics Asia Pacific Ltd. ("ST Asia") (collectively, with ST Inc. and ST N.V., "ST Entities");

         WHEREAS, on May 23, 2018, ST Inc. filed its pending Motion for Sanctions Pursuant to RCW 4.84.185 (Diet. #90); and

         WHEREAS, HTC and the ST Entities have resolved their differences regarding this litigation;

         NOW THEREFORE, HTC and ST Inc. stipulate and agree, subject to the Court's approval, as follows:

1. All claims against ST N.V., ST Inc., and ST Asia asserted by HTC in the Third-Party Complaint (Dkt. # 43) and proposed First Amended Third-Party Complaint (Dkt. #88-1) are dismissed with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and (c).
2. HTC's Motion for Leave to File First Amended Third-Party Complaint (Dkt. ...

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