Examples of California Action in a sentence
The second action followed in June 2014, when Ericsson filed suit against TCL in the Eastern District of Texas (the Texas Action).In the California Action, TCL sought declaratory judg- ment that Ericsson had failed to offer a FRAND rate to TCL.
If it is discovered in the course of the California Action, that Bayer owes additional sums to the Debtor for services actually performed by the Debtor and/or its personnel or representatives, that is, if any Accounts Receivable actually exist, 21st Capital shall promptly notify the Trustee and at the request of Bayer or the Trustee, this Court shall enter an appropriate order as to the disposition of said assets; …8.
This Stipulated Order shall close this adversary proceeding; however, the Court shall retain jurisdiction to enforce this Stipulated Order … .(J.A. at 141-444 (Stipulated Order at 2-5).)In essence, the Order re-opened the door to the California Action.
While the Order expressly prohibited 21st Capital from pursuing in the California Action any “Accounts Receivable” or the “Bayer Receivable” – as expressly defined in the Order – it also gave 21st Capital the green light to pursue the “21st Capital Claim,” which appears to have reference to “alleged specific contractual agreements” between 21st Capital and Bayer as embodied in the ICAs. The Order also made clear that the 21st Capital Claim was not a part of the Debtor’s estate.
Within a reasonable time after this final Stipulated Order becomes nonappealable, 21st Capital shall amend its Complaint in the California Action to assert the 21st Capital Claim;4.