Balthaser Online, Inc. v. Art Star Design LLC et al

Filing 400

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT FRIENDSTER, INC. re 389 . Signed by Judge Jeremy Fogel on 1/4/10. (dlm, COURT STAFF) (Filed on 1/8/2010)

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DICKSTEIN SHAPIRO LLP

DICKSTEIN SHAPIRO LLP Alfred R Fabricant (admitted pro hac vice) [e-mail] Lawrence C. Drucker (admitted pro hac vice) [e-mail] Cindy Yang (admitted pro hac vice) [e-mail] Bryan N. DeMatteo (admitted pro hac vice) [e-mail] 1633 Broadway New York, NY 10019-6708 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff BALTHASER ONLINE, INC. PATTERSON & SHERIDAN LLP John C. Carey (SBN 214800) 250 Cambridge Ave., Suite 300 Palo Alto, CA 94306 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for Defendant FRIENDSTER, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

BALTHASER ONLINE, INC., Plaintiff, v. ART STAR DESIGN LLC, et al. Defendants. No. 5:09-cv-05422-JF ------------------ ORDER RE [PROPOSED] STIPULATION ON DISMISSAL OF DEFENDANT FRIENDSTER, INC.

[Proposed] Order re Stipulation on Dismissal of Defendant Friendster, Inc. No. 5:09-cv-05422-JF

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DICKSTEIN SHAPIRO LLP

WHEREAS, (1) on November, 4, 2008, Plaintiff Balthaser Online, Inc. ("Balthaser") filed a Complaint in the United States District Court for the Eastern District of Texas, Marshall Division, commencing Civil Action No. 2:08-cv-430 (DF) (the "E.D. Texas Action") against, among others, Defendant Friendster, Inc. ("Friendster"); (2) on January 5, 2009, Friendster filed an Answer and Affirmative Defenses to Plaintiff's Complaint; (3) on January 15, 2009, Balthaser filed a First Amended Complaint; (4) on February 2, 2009, Friendster filed an Answer and Affirmative Defenses to Plaintiff's First Amended Complaint; (5) on September 15, 2009, an Order concerning California Defendants' Motion to Transfer Venue was issued transferring the E.D. Texas Action with respect to California Defendants, including Friendster, to this District; (6) on November 17, 2009, the E.D. Texas Action was transferred to this District and assigned to the Honorable Patricia V. Trumbell; and (7) on December 15, 2009, the E.D. Texas Action was reassigned to this Court. WHEREAS, Balthaser and Friendster (individually, the "Party"; collectively, the "Parties") have reached a mutually satisfactory resolution of all issues between them that were the subject of the E.D. Texas Action and the above-styled action (collectively, "the Action"); WHEREAS, Balthaser and Friendster have filed a Stipulation on Dismissal of Defendant Friendster, Inc. and [Proposed] Order (the "Stipulation") with this Court advising the Court that the Parties have reached a mutually satisfactory resolution of all issues between them that were subject of the Action; NOW, THEREFORE, after considering the Stipulation, the Court is of the opinion that the Stipulation should be granted and therefore, it is hereby ORDERED, ADJUDGED AND DECREED THAT: 2 [Proposed] Order re Stipulation on Dismissal of Defendant Friendster, Inc. No. 5:09-cv-05422-JF

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DICKSTEIN SHAPIRO LLP

1.

All claims and counterclaims asserted by either Party in the Action against the

other are hereby dismissed with prejudice; 2. Each Party shall bear its own costs, expenses and attorneys' fees associated

with the prosecution and defense of the Action; 3. denied as moot; and 4. This Court shall retain jurisdiction over this matter for purposes of All unresolved pending motions in the Action between the Parties shall be

enforcement of the settlement. January 4, 2010 DATED: -----------------------December __, 2009 __________________________________ Honorable Jeremy Fogel United States District Judge

3 [Proposed] Order re Stipulation on Dismissal of Defendant Friendster, Inc. No. 5:09-cv-05422-JF