Mission I-Tech Hockey Ltd. v. Oakley, Inc.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS (15-1) AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO STRIKE (15-2)

This action arises from a Settlement and License Agreement between Plaintiff Mission I-Tech Hockey Ltd.’s (hereafter “Plaintiff’ or “Mission”) predecessor and Defendant Oakley, Inc. (hereafter “Defendant” or “Oakley”) in case number 01-2374, a case previously litigated in this Court (hereafter “the Oakley case”). In the Oakley case, on February 18, 2003, the parties agreed that the undersigned would have jurisdiction to decide, inter alia, “all disputes arising out of the terms of the Settlement Agreement once completed and that any decision by the undersigned shall be FINAL AND BINDING WITH NO APPEAL...” (Consent to Jurisdiction of A Magistrate Judge and Order of Reference, February 18, 2003, case no. 01-2374)

On May 5, 2005, Mission filed the instant action against Oakley, asserting causes of action for Breach of the Settlement and License Agreement and for Patent Infringement. On May 26, 2005, the parties stipulated that the instant case be transferred to the undersigned for all purposes. They further stipulated that the instant case arises from the…