SHEPPARD, MULLIN, RICHTER &and HAMPTON LLP
Don T. Hibner (SBN # 33444)
333 South Hope Street, 48th Floor
Los Angeles, CA 90071-1448
Telephone: (213) 620-1780
Fax: (213) 620-1398
JENNER & BLOCK, LLC
Donald R. Harris
Daniel J. Hurtado
One IBM Plaza
Chicago, IL 60611-09350
Telephone: (312) 222-9350
Fax: (312) 840-7645
Attorneys for Plaintiff
NOVAMONT S.p.A.
NOVAMONT S.p.A., ) Case No. CV-00-3759 MRP
)
Plaintiff, ) Judge Mariana R. Pfaelzer
v. )
) STIPULATION FOR DISMISSAL
EARTHSHELL CORPORATION, ) WITH PREJUDICE OF
) COMPLIANT AND
Defendant ) COUNTERCLIAMS
)
)
)
In accordance with Rule 41(a) and (c) of the Federal Rules of Civil Procedure, plaintiff Novamont S.p.A. (Novamont) and defendant EarthShell Corporation (EarthShell), by and through their attorneys, hereby stipulate as follows:
1. All claims, affirmative defenses and counterclaims in the above-captioned matter have been voluntarily settled by the parties.
2. Accordingly, the parties agree that all counts of Novamonts Complaint against EarthShell in the above-captioned matter shall be dismissed in their entirety with prejudice.
3. The parties further agree that all of EarthShells affirmative defenses and all counts of EarthShells Amended Counterclaim against Novamont in the above-captioned matter shall be dismissed in their entirety without prejudice.
4. Novamont and EarthShell each shall bear their own attorneys fees and costs with respect to the foregoing dismissed counts, affirmative defenses and counterclaims.
5. This stipulation may be executed in counterparts, each of which, when combined, shall constitute one and the same instrument.
Dated: August 1, 2001 JENNER & BLOCK, LLC
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
/s/ DONALD R. HARRIS
_____________________________
Donald R. Harris
Attorneys for Plaintiff
Novamont S.p.A.
Dated: July 27, 2001 WORKMAN, NYDEGGER & SEELEY
MORRISON & FOERSTER LLP
/s/ LARRY R. LAYCOCK
_____________________________
Larry R. Laycock
Attorneys for Defendant
EarthShell Corporation
IT IS SO ORDERED:
Dated: _____________________________
The Honorable Mariana R. Pfaelzer
United States District Judge