Sofpool, LLC v. KMart Corporation et al

Filing 104

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/20/14 re: 103 regarding costs and final settlement. (Meuleman, A)

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John P. Costello. Esq. (CA State Bar No. 161511)
COSTELLO LAW CORPORATION
331 J Street, Suite 200
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
SOFPOOL LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 SOFPOOL LLC, a Limited Liability Company, )
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Plaintiff,
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vs.
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14 KMART CORPORATION, a Michigan
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Corporation, and BIG LOTS, INC., an Ohio
15 Corporation
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Defendants.
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17 _______________________________________ )
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18 KMART CORPORATION, a Michigan
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Corporation, and BIG LOTS, INC., an Ohio
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19 Corporation,
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Counterclaimants,
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vs.
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22 SOFPOOL LLC, Limited Liability Company,
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Counterdefendant.
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Case No. 2:10-CV-03333-LKK (JMF)
STIPULATION AND ORDER
REGARDING COSTS AND FINAL
SETTLEMENT
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Honorable Lawrence K. Karlton

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STIPULATION AND PROPOSED ORDER

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NOW THEREFORE, IT IS HEREBY STIPULATED, by and between the parties hereto,
through their respective counsel, pending approval by this Court,

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The judgment of the Court of Appeals for the Federal Circuit in this matter was entered on

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January 17, 2014 (Document No. 102). The Court of Appeals affirmed the decision of the District

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Court and none of the relief sought by Plaintiff Sofpool was granted.

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As prevailing party, Defendants Kmart Corporation and Big Lots, Inc. are entitled to the

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costs outlined in their Bill of Costs filed in this District Court on June 12, 2013 (Document No. 95)

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and filed in the Court of Appeals for the Federal Circuit on January 30, 2014 (Document No. 49-1).

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The District Court Bill of Costs total was $11,733.28 and the Court of Appeals Bill of Costs
total was $284.00. The combined total of the Bills of Costs amounted to $12,017.28.
Counsel for the respective parties have met and conferred and have agreed to stipulate to an
amount of $9,000.00 in full satisfaction of the outstanding Bills of Costs.

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Plaintiff Sofpool agrees to deliver a check to Defendants’ attorneys in an amount of

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$9,000.00 by February 28, 2014. It is agreed between the parties that successful negotiation of

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Plaintiff’s check will terminate all outstanding matters of any sort between the parties, effectively

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ending this case.

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PURSUANT TO THIS STIPULATION, IT IS ORDERED that this Court shall have
continuing jurisdiction to enforce this Order and the terms of the Settlement herein; and
IT IS FURTHER ORDERED that this case is hereby DISMISSED with prejudice.
DATED: February 14, 2014

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COSTELLO LAW CORPORATION
By:

/s/ John P. Costello
JOHN P. COSTELLO
Attorney for Plaintiff
Sofpool, Inc.

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DATED: February 14, 2014

TROUTMAN SANDERS, LLP
By:

/s/ Paul L. Gale
PAUL L. GALE
Attorney for Defendants
Kmart Corporation & Big Lots Stores, Inc

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STIPULATION AND PROPOSED ORDER

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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DATED: February 20, 2014

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STIPULATION AND PROPOSED ORDER