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APPLIMATION, INC. f/k/a CRYSTALLIZE, INC., a Delaware corporation, Plaintiff, v. JOHN SOSNOWSKI, an indi

STIPULATED ORDER OF DISMISSAL WITHOUT PREJUDICE

JOSEPH DiCLERICO JR., District Judge

WHEREAS, Plaintiff Applimation, Inc. f/k/a Crystallize ("Applimation") initiated this action by the filing of a Complaint for Injunctive and Other Relief ("Complaint") on October 21, 2005;

WHEREAS, Defendants John Sosnowski ("Sosnowski") and Logical Apps, Inc. ("Logical Apps") have each appeared in this action through counsel, have received copies of the Complaint and all other pleadings filed by Plaintiff, and hereby waive any objection as to proper service;

WHEREAS, the Court has diversity jurisdiction over this matter pursuant to 28 U.S.C. § 1332(a); and

WHEREAS, the Court has personal jurisdiction over each of the Defendants because they reside and/or maintain continuous and systemic business contacts with the State of New Hampshire, and/or because the events giving rise to this action, or a substantial part thereof, occurred here;

NOW THEREFORE, Plaintiff Applimation and Defendants Sosnowski and Logical Apps, by and through their attorneys, hereby stipulate as follows:

1. The above-titled matter shall be dismissed without prejudice and without the award of costs or attorney fees as to all parties.

2. The parties have entered into a Stipulation of Settlement dated October 28, 2005, and as filed with the Court on October 31, 2005, resolving their dispute.

3. This court shall retain jurisdiction for one year from the date of filing of the Stipulation of Settlement in order to enforce its terms.

IT IS SO ORDERED.

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APPLIMATION, INC. v. SOSNOWSKI (D.N.H. 2005)
(Nov 2, 2005)