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

Filing 430

STIPULATION AND ORDER DISMISSING WITHOUT PREJUDICE DEFENDANT IMEEM, INC. re 427 . Signed by Judge Jeremy Fogel on 3/15/10. (dlm, COURT STAFF) (Filed on 3/17/2010)

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DICKSTEIN SHAPIRO LLP

DICKSTEIN SHAPIRO LLP Alfred R. Fabricant (pro hac vice) Lawrence C. Drucker (pro hac vice) Cindy Yang (pro hac vice) Bryan N. DeMatteo (pro hac vice) 1633 Broadway New York, New York 10019 Telephone: [phone] Facsimile: [phone] and Lawrence R. LaPorte (SBN 130003) [e-mail] 2049 Century Park East, Suite 700 Los Angeles, CA 90067 Attorneys for Plaintiff BALTHASER ONLINE, INC. MURRAY & MURRAY PC Craig M. Prim (SBN 77820) [e-mail] 19400 Stevens Creek Blvd., Suite 200 Cupertino, CA 95014-2548 Telephone: [phone] Fax: [phone] Attorneys for Defendant IMEEM, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

BALTHASER ONLINE, INC., Plaintiff, v. No. 5:09-cv-05422-JF -----------------[PROPOSED] ORDER RE STIPULATION FOR DISMISSAL [Proposed] Order re Stipulation for Dismissal of Defendant imeem, inc.

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DICKSTEIN SHAPIRO LLP

ART STAR DESIGN LLC, et al. Defendants.

WITHOUT PREJUDICE OF DEFENDANT IMEEM, INC.

WHEREAS, (1) on November 4, 2008, 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 imeem, inc. ("imeem"); (2) on January 12, 2009, imeem 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, imeem 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 imeem, 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, as indicated in a January 6, 2010 Notice of Motion and Unopposed Motion to Withdraw as Counsel for imeem, inc. filed by Gibson, Dunn & Crutcher LLP (imeem's former counsel), imeem is no longer an operating entity and has initiated a voluntary shutdown and liquidation of the company (see D.I. 396); WHEREAS, imeem confirmed to Balthaser that it has concluded normal business operations, is no longer operating its www.imeem.com website, and is voluntarily shutting down and liquidating the company; WHEREAS, Balthaser and imeem have filed a Stipulation and [Proposed] Order for Dismissal Without Prejudice of Defendant Imeem, Inc. (the "Stipulation") with this Court, and such Stipulation was signed by all parties who have appeared in the above-styled action; 2 [Proposed] Order re Stipulation for Dismissal of Defendant imeem, inc.

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DICKSTEIN SHAPIRO LLP

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: 1. All claims and counterclaims asserted by Balthaser or imeem in the E.D.

Texas Action and the above-styled action (collectively, "the Action") against the other are hereby dismissed without prejudice; 2. Balthaser and imeem shall each bear its own costs, expenses and attorneys'

fees associated with the prosecution and defense of the Action; and 3. are denied as moot. All unresolved pending motions in the Action between Balthaser and imeem

3/15/10 Dated: __________________

____________________________ Honorable Jeremy Fogel United States District Court Judge

3 [Proposed] Order re Stipulation for Dismissal of Defendant imeem, inc.