IO Group, Inc. v. Niederhelman et al

Filing 44

ORDER GRANTING 43 Stipulation of Dismissal. Signed by Judge Jeffrey S. White on May 5, 2010. (jswlc3, COURT STAFF) (Filed on 5/5/2010)

Case3:09-cv-04401-JSW Document43

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D. GILL SPERLEIN (172887) THE LAW OFFICE OF D. GILL SPERLEIN 584 Castro Street, Suite 879 San Francisco, California 94114 Telephone: [phone] Facsimile: [phone] [e-mail] Attorney for Plaintiff IO GROUP, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) CASE NO.: 09-4401 (JSW) ) ) ) STIPULATION and [PROPOSED] ) ORDER OF DISMISSAL ) ) ) ) ) ) ) ) )

IO GROUP, INC. d/b/a TITAN MEDIA, a California corporation, Plaintiff, vs. GARY NIEDERHELMAN and CHRISTIAN TROY, individuals residing in the state of New Jersey, Defendants. ________________________________

WHEREAS the an initial Case Management Conference in the above captioned action is scheduled for May 14, 2010 at 1:30 p.m. in Courtroom 11; and WHEREAS the Parties in the above captioned action have reached settlement and executed a written Settlement Agreement; and

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Stipulation and [Proposed] Order of Dismal
C-09-4401 (JSW)

Case3:09-cv-04401-JSW Document43

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WHEREAS under the Settlement Agreement, Defendant Niederhelman is to make monthly installment payments for twenty-two months; and WHEREAS the Parties have executed and filed with the Court a Stipulated Judgment with Judgment to be entered upon ex parte motion in the event Defendant Niederhelamn defaults on payments under the terms of the Agreement; and WHEREAS the Parties request that the Court retain continuing jurisdiction for the sole purpose of hearing such ex parte motion; THEREFORE, the Parties stipulate and respectfully request that the Court enter an Order of Dismissal in substantially the same form as the Proposed Order of Dismissal below. Dated: May 5, 2010 /s/ Gill Sperlein GILL SPERLEIN, Counsel for Plaintiff Io Group, Inc. /s/ Gary Niederhelman GARY NIEDERHELMAN, Defendant pro per

Dated: May 5, 2010

I hereby attest that this is the declaration of Gary Niederhelman and the original with Gary Niederhelman's holographic signature is on file for production for the Court if so ordered, or for inspection upon request by any party. Pursuant to the laws of the United States, I declare under penalty of perjury the foregoing is true and correct.

Dated: May 5, 2010

/s/ Gill Sperlein GILL SPERLEIN, Counsel for Plaintiff Io Group, Inc.
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Stipulation and [Proposed] Order of Dismal
C-09-4401 (JSW)

Case3:09-cv-04401-JSW Document43

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[PROPOSED] ORDER OF DISMISSAL The parties hereto, having advised the Court that they have agreed to settlement of this case, IT IS HEREBY ORDERED, that this case be dismissed without prejudice as to Defendant Gary Niederhelman; provided, however, that if Defendant Niederhelman defaults on the Settlement Agreement by failing to make monthly installment payments, and fails to cure such default upon notice from Plaintiff according to the terms of the Settlement Agreement, Plaintiff may bring an ex parte motion for entry of the Stipulated Judgment less any payments made under the Agreement. If Plaintiff brings such ex parte motion and offers evidence of Defendant Niederhelman's default, the forgoing Order shall stand vacated and Judgment shall be entered in the stipulated amount less credit for any payments made under the Agreement.

May 5, 2010 Dated:__________________

________________________ JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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Stipulation and [Proposed] Order of Dismal
C-09-4401 (JSW)