Riverdeep Inc., LCC v. Compact Media, Inc. et al

Filing 10

STIPULATION AND ORDER RE: INJUNCTION AND EXPEDITED DISCOVERY. Signed by Judge Phyllis J. Hamilton on 9/30/05. (nah, COURT STAFF) (Filed on 9/30/2005)

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Riverdeep Inc., LCC v. Compact Media, Inc. et al Doc. 10 Case 3:05-cv-03741-PJH Document 10 Filed 09/30/2005 Page 1 of 4 1 2 3 4 5 6 PETRIE SCHWARTZ LLP Irwin B. Schwartz (Bar No. 141140) John V. Komar (Bar No. 169662) 2033 Gateway Place, Suite 500 San Jose, California 95110 Telephone: (408) 947-9099 Facsimile: (408) 947-9001 500 Boylston Street 7 Boston, Massachusetts 02116 Telephone: (617) 421-1800 8 Facsimile: (617) 421-1810 9 Counsel for Plaintiff Riverdeep, Inc. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ) ) ) ) Case No.: C05 03741 PJH ) Plaintiff, ) ) vs. STIPULATED INJUNCTION AND ) EXPEDITED DISCOVERY ORDER ) COMPACT MEDIA, INC. and IVY CHI, ) indi vidua lly, Hon. Phyllis J. Hamilton ) ) Defendants. ) ) ) Plaintiff Riverdeep, Inc., LLC ("Riverdeep") and defendants Compact Media, RIVERDEEP, INC., a Limited Liability Company, a Delaware limited liability comp any, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 24 Inc. and Ivy Chi ("Chi") (together, "Compact Media") stipulate and respectfully request 25 that the Court order as follows: 26 1. Riverdeep filed a complaint in this action September 15, 2005 alleging 27 28 that Compact Media violated Riverdeep's copyrights by selling Riverdeep's software without a license. Riverdeep also alleged breach of contract and unfair business STIPULATED INJUNCTION AND DISCOVERY ORDER Case No.: C05 03741 PJH Dockets.Justia.com Case 3:05-cv-03741-PJH practices. 2. 1 2 Document 10 Filed 09/30/2005 Page 2 of 4 On September 28, 2005, Riverdeep notified Steven W. Strain, Compact Media's attorney, of Riverdeep's intent to seek a temporary restraining order to halt 3 Comp act Media's copyright infringement and also an order for expedited discovery. 4 5 6 7 4 Compact Media shall not to sell or distribute any Riverdeep software title, 8 with the sole exception of 700 copies of "Learn to Speak Spanish 8" that Compact 9 Media previously purchased from Broderbund. 10 11 12 13 "gold master" disks for Riverdeep products in its Compact Media's possession, custody, 5. Comp act Media shall not duplicate or replicate, or cause to have 3. Compact Media has now agreed to a stipulated injunction on the following terms, and has also agreed to provide Riverdeep with certain documents, as follows. duplicated or replicated, any Riverdeep software title, and shall return to Riverdeep any 14 or control. All such gold master disks shall be delivered to counsel for Riverdeep no 15 later than October 5, 2005. 16 17 18 October 7, 2005 all documents in Compact Media's possession, custody and/or control 6. Compact Media shall produce to counsel for Riverdeep by no later than 19 that : 20 21 22 23 b. show each date Compact Media acquired Riverdeep software, the source, 24 the titles obtained, including the edition, and the number of units for each title obtained 25 from September 15, 2001 to the present (the "Transaction History"). 26 27 28 September 15, 2001, to the present. d. identify all transactions between Compact Media and the replicators used Case No.: C05 03741 PJH c. identify all of Compact Media's replicators of Riverdeep software from a. identify all sources from which Compact Media obtained Riverdeep software from September 15, 2001 to the present. STIPULATED INJUNCTION AND DISCOVERY ORDER Case 3:05-cv-03741-PJH Document 10 Filed 09/30/2005 Page 3 of 4 Case 3:05-cv-03741-PJH Document 10 Filed 09/30/2005 Page 4 of 4

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