`
`Qea!tm:~! 1.
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`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`ECFCASE
`
`Ii
`
`· \ USDC Sm.'Y
`DOCU~1E~T
`ELECTRONICALLY FILEDj
`DOC#: __--~--,~~
`\
`'DArE ~~ED: r1/glj/£.c:!~-:
`
`LAZARE KAPLAN INTERNATIONAL
`INC., a Delaware Corporation,
`
`CASE NO.: 06 CV 4005 (TPG)(GWG)
`
`-v.-
`
`Plaintiff-Counter-Defendant,
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`PHOTOSCRmE TECHNOLOGIES, INC., a
`New York Corporation, and
`GEMOLOGICAL INSTITUTE OF
`AMERICA, a California Corporation,
`
`DeJendants-Counterclaimants.
`
`STIPULATION, ORDER AND
`JUDGMENT PURSUA-l'IIT TO
`FEDERAL RULE OF CIVIL
`PROCEDURE S4(b)
`
`It is hereby stipulated and agreed by and between the parties, through their undersigned
`
`counsel, that all claims and counterclaims asserted by Plaintiff-Counterclaim Defendant Lazare
`
`Kaplan International, Inc. ("LKf') and Defendant-Counterclaimant Gemological Institute of
`
`America, Inc. ("GlA") against each other in the above-captioned action shall be dismissed with
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`prejudice, with each party bearing its own attorneys' fees, costs and expenses related thereto.
`
`For clarity, nothing in this Stipulation, Order and Judgment dismisses any claim or counterclaim
`
`by LKI against Photo scribe Technologies, Inc. or by Photoscribe Technologies, Inc. against LKI.
`
`Pursuant to Federal Rule of Civil Procedure 54(b), the Court hereby directs that this
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`Stipulation, Order and Judgment be entered immediately as a final judgment, dismissing the
`
`claims and counterclaims by LKI against GIA, and by GIA against LKI, with prejudice. GIA
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`and LKI waive or have waived their rights to appeal from this Stipulation, Order and Judgment,
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`and there is no just reason for delay.
`
`-1
`
`IPR2015-00024
`
`Lazare Kaplan International, Inc. Exhibit 2033 Page 1
`
`
`
`Case 1:06-cv-04005-TPG Document 441 Filed 09/24/13 Page 2 of 2
`
`IT IS SO STIPULATED.
`
`Dated: New York, New York
`September /!L, 2013
`
`MORRISO
`/
`
`FOERSTER, LLP
`
`By /i~> ;/-4. L
`
`
`. Hough, Esq.
`James
`1290 venue of the Americas
`Ne
`ork, New York 10104-0050
`Tel: (212)468-8000
`
`Attorneys for Plaintiff-Counterclaim
`Defendant Lazare Kaplan International,
`Inc.
`
`DLA PIPER LLP (US)
`
`By: -4--~~~~~~
`John A coc , Esq.
`VI e
`0
`Nancy nix, Esq., pro hac vice
`Capricci Barush. Esq.
`1251 Avenue of the Americas
`New York, New York 10020-1104
`TeL (212) 335-4500
`}'ax (212) 335-4501
`
`Attorneys for Defendant-Counterciaimant
`Gemological Institute ofAmerica, Inc.
`
`IT IS SO ORDERED.
`"'"/
`Dated: September~, 2013
`New York, New York
`
`HON. THOMAS P. GRIESA. USDJ
`
`-2
`
`IPR2015-00024
`
`Lazare Kaplan International, Inc. Exhibit 2033 Page 2
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