TIBCO Software Inc. v. GatherSmart LLC
- Nathanael Cousins
- 5:20-cv-06422
- U.S. District Court · Northern District of California
- 4
In TIBCO Software Inc. v. GatherSmart LLC, Judge Cousins dismissed all claims and counterclaims with prejudice under the parties’ settlement.
TIBCO Software Inc. and GatherSmart LLC; all claims and counterclaims between them were dismissed with prejudice, with each party bearing its own attorneys’ fees, costs, and expenses.
What happened
TIBCO Software Inc. v. GatherSmart LLC ended when both parties stipulated to dismissal under a settlement and mutual release agreement. The opinion does not describe the underlying claims or counterclaims.
The court dismissed all claims and counterclaims with prejudice. Each party must pay its own attorneys’ fees, costs, and expenses, and the court retained jurisdiction over disputes arising from or enforcing the settlement agreement.
Judge Cousins entered the dismissal order on July 19, 2021, pursuant to the parties’ stipulation.
The detailed version
- TIBCO Software Inc. v. GatherSmart LLC · No. 5:20-cv-06422
- Nathanael Cousins
- July 19, 2021
Background
TIBCO Software Inc. was the plaintiff and counterclaim defendant. GatherSmart LLC was the defendant and counterclaim plaintiff. The opinion does not state what claims or counterclaims the parties asserted.
The parties informed the court that they had entered into a Settlement and Mutual Release Agreement. Through their attorneys, they stipulated under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) to dismiss all claims and counterclaims.
Ruling
The court ordered dismissal with prejudice of all claims and counterclaims in the action. Each party was responsible for its own attorneys’ fees, costs, and expenses.
The court also retained jurisdiction over disputes arising from the settlement agreement and for enforcing that agreement. The order was entered pursuant to the parties’ stipulation on July 19, 2021.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.