Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02405-L-CAB

Document 22

Filed 05/01/2008

Page 1 of 2

1 Gerald L. McMahon, Esq. (SBN 036050) 2 3 4 5 6

Monty A. McIntyre, Esq. (SBN 95796) G. Scott Williams, Esq. (SBN 226516) SELTZER CAPLAN McMAHON VITEK A Law Corporation 750 B Street, 2100 Symphony Towers San Diego, California 92101-8177 Telephone: (619) 685-3003 Facsimile: (619) 685-3100

7 Attorneys for Defendants LOWLIFE CORPORATION LIMITED (incorrectly sued as 8 LOWLIFE CORPORATION, LTD); DALE MASTERS; and EBTM plc 9 10 11

UNITED STATES DISTRICT COURT OF CALIFORNIA SOUTHERN DISTRICT REALLY LIKEABLE PEOPLE, INC., a CASE NO. 07 CV 2405 L CAB JOINT MOTION FOR ENTRY OF ORDER DISMISSING ACTION, WITH PREJUDICE [F.R.C.P. 41, LOCAL RULE 7.2]

) ) California Corporation, MACBETH, INC., a ) 13 California corporation, MACBETH OPTICS, ) ) 14 LP, a California limited partnership, and REALLY LIKEABLE PEOPLE II, INC. ) 15 (formerly ATTICUS CLOTHING, INC.), a ) ) 16 California corporation, ) 17 Plaintiffs, ) ) 18 vs. ) ) 19 LOWLIFE CORPORATION, LTD, an ) 20 English limited company, EVERYTHING ) ) 21 BUT THE MUSIC, plc, an English corporation, DALE MASTERS, an ) 22 individual, and DOES 1 through 25, ) inclusive, ) 23 ) ) Defendants. 24 )
12 Delaware corporation, LOSERKIDS, INC., a 25 26 27 28

The parties have agreed to a settlement of this matter, have agreed to dismiss the action, with prejudice, and have also agreed to bear their own fees and costs incurred in the above___________________________________________________________________________________________________ JOINT MOTION FOR ENTRY OF ORDER DISMISSING ACTION, CASE NO. 07 CV 2405 L CAB WITH PREJUDICE

Case 3:07-cv-02405-L-CAB

Document 22

Filed 05/01/2008

Page 2 of 2

1 entitled action. The parties have agreed that this Joint Motion is to be filed by Defendants only 2 after the terms and conditions to such filing set forth in the Settlement and Mutual General 3 Release Agreement ("Agreement") between the parties, dated April 22, 2008, have been 4 satisfied, including payment by Defendants to Plaintiffs of the settlement funds under the 5 Agreement that are scheduled to be made in two equal installments, the first payment within 6 ten days following execution of the Agreement, and the second payment by May 2, 2008. 7

Pursuant to Federal Rules of Civil Procedure, rule 41 and Local Rule 7.2, REALLY

8 LIKEABLE PEOPLE, INC., LOSERKIDS, INC., MACBETH, INC., MACBETH OPTICS, 9 LP, REALLY LIKEABLE PEOPLE II, INC. (collectively "Plaintiffs") and LOWLIFE 10 CORPORATION, LTD, EVERYTHING BUT THE MUSIC, plc, and DALE MASTERS 11 (collectively "Defendants") jointly move this Court for entry of an Order Dismissing Action, 12 With Prejudice, in the form attached hereto as Exhibit 1. 13 14 Dated: May 1, 2008 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SELTZER CAPLAN McMAHON VITEK By: /s/ Monty A. McIntyre Gerald L. McMahon Monty A. McIntyre G. Scott Williams Attorneys for Defendants LOWLIFE CORPORATION LIMITED, DALE MASTERS; and EBTM plc

Dated: May 1, 2008

BINGHAM McCUTCHEN LLP By: /s/ J. Warren Rissier J. Warren Rissier Aron P. Rofer Attorneys for REALLY LIKEABLE PEOPLE, INC., LOSERKIDS, INC., MACBETH, INC., MACBETH OPTICS, LP, AND REALLY LIKEABLE PEOPle II, INC. (FORMERLY ATTICUS CLOTHING, INC.)

2 JOINT MOTION FOR ENTRY OF ORDER DISMISSING ACTION, WITH PREJUDICE

CASE NO. 07 CV 2405 L CAB