Thursday, April 02, 2020 6:04:37 PM
We'll see how aggressive, or not, KVP wants to be with their counterclaim later this month.
(IN CHAMBERS) ORDER RE MOTION TO DISMISS ALL CLAIMS WITHOUT PREJUDICE (DKT. [112]) by Judge John A. Kronstadt: The Motion is GRANTED-IN-PART and DENIED-IN-PART: Endonovo is deemed bound by its proposed covenant not to sue KVP, as stated in its Motion, Docket No. 112 at page 5. Pursuant to Rule 41(a)(2), Endonovo's claims in this action shall be dismissed with prejudice. Pursuant to Rule 41(a)(2), KVP's counterclaims in this action shall be dismissed without prejudice. On or before 4/10/2020, the parties shall meet and confer regarding the form of a proposed final judgment. The form of proposed judgment shall be lodged on or before 4/17/2020. If KVP agrees to the form of the proposed judgment, it shall sign the proposed judgment with that language placed next to its signature. If KVP disputes the form of the proposed judgment, it shall file any objections on or before 4/22/2020. The Court will resolve any disputes andenter the corresponding judgment. Within 14 days of the entry of the judgment, KVP may file a motion requesting an award of attorney's fees.
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