Bascom Research, LLC v. Jive Software, Inc.

Filing 82

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 5/17/13. (tfS, COURT STAFF) (Filed on 5/20/2013)

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1 PAUL ANDRE (State Bar No. 196585) pandre@kramerlevin.com 2 LISA KOBIALKA (State Bar No. 191404) lkobialka@kramerlevin.com 3 JAMES HANNAH (State Bar No. 237978) jhannah@kramerlevin.com 4 MICHAEL LEE (State Bar No. 264592) mhlee@kramerlevin.com 5 KRAMER LEVIN NAFTALIS & FRANKEL LLP 990 Marsh Road 6 Menlo Park, California 94025 Telephone: (650) 752-1700 7 Facsimile: (650) 752-1800 8 Attorneys for Plaintiff BASCOM RESEARCH, LLC 9 STEFANI E. SHANBERG (State Bar No. 206717) sshanberg@wsgr.com 10 JENNIFER J. SCHMIDT (pro hac vice) jschmidt@wsgr.com 11 ROBIN L. BREWER (State Bar No. 253686) rbrewer@wsgr.com 12 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 13 One Market Plaza Spear Tower, Suite 3300 14 San Francisco, California 94105 Telephone: (415) 947-2000 15 Facsimile: (415) 947-2099 16 Attorneys for Defendant JIVE SOFTWARE, INC. 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 SAN FRANCISCO DIVISION 20 BASCOM RESEARCH, LLC, 21 a Delaware corporation, Case No. 3:12-cv-06296-SI 22 STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER 23 Plaintiff, vs. 24 JIVE SOFTWARE, INC., a Delaware corporation, 25 Defendant. 26 27 28 STIPULATED MOTION FOR DISMISSAL Case No. 3:12-cv-06296-SI 1 2 3 4 5 Plaintiff Bascom Research, LLC (“Bascom”) and Defendant Jive Software, Inc. (“Jive”), pursuant to Federal Rules of Civil Procedure 41(a)(2) and 41(c), hereby move for an order dismissing all claims in this action WITH PREJUDICE, and all counterclaims WITHOUT PREJUDICE, subject to the terms of that certain agreement entitled “AGREEMENT” and dated May 13, 2013, with each party to bear its own costs, expenses, and attorneys’ fees. 6 7 IT IS SO STIPULATED. 8 9 Respectfully submitted, 10 Dated: May 17, 2013 KRAMER LEVIN NAFTALIS & FRANKEL LLP 11 12 By: /s/ Lisa Kobialka Lisa Kobialka 13 Attorneys for Plaintiff BASCOM RESEARCH, LLC 14 15 16 Dated: May 17, 2013 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 17 18 By: /s/ Jennifer Schmidt Jennifer Schmidt 19 Attorneys for Defendant JIVE SOFTWARE, INC. 20 21 22 23 24 25 26 27 28 STIPULATED MOTION FOR DISMISSAL Case No. 3:12-cv-06296-SI -1- ATTESTATION 1 2 I, Lisa Kobialka, am counsel for Plaintiff Bascom Research, LLC, and the registered ECF 3 user whose username and password will be used to file this Stipulated Motion for Dismissal With 4 Prejudice. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that the above-identified 5 counsel for Defendant Jive Software, Inc., has concurred in this filing on behalf of said counsel. 6 7 Dated: May 17, 2013 /s/ Lisa Kobialka Lisa Kobialka 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION FOR DISMISSAL Case No. 3:12-cv-06296-SI -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 [PROPOSED] ORDER Came on this day for consideration of the Stipulated Motion for Dismissal With Prejudice of all claims and without prejudice of all counterclaims asserted by Plaintiff Bascom Research, LLC, and Defendant Jive Software, Inc., in this case, and the Court being of the opinion that said motion should be GRANTED, it is hereby ORDERED, ADJUDGED, AND DECREED that all claims asserted in this suit by Plaintiff Bascom Research, LLC, and against Defendant Jive Software, Inc., are hereby dismissed with prejudice, and all counterclaims are hereby dismissed without prejudice, subject to the terms of that certain agreement entitled “AGREEMENT” and dated May 13, 2013. It is further ORDERED that all attorneys’ fees and costs are to be borne by the party that incurred them. The Clerk is ordered to close the file. IT IS SO ORDERED. 14 15 5/17/13 Dated: _________________________ 16 17 18 Honorable Susan Illston United States District Judge 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION FOR DISMISSAL Case No. 3:12-cv-06296-SI -3-