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

Filing 459

STIPULATION AND ORDER RE: 458 OF DISMISSAL OF DEFENDANT SWATCHBOX TECHNOLOGIES, INC. Signed by Judge Richard Seeborg on 5/11/10. (cl, COURT STAFF) (Filed on 5/11/2010)

*E-Filed 5/11/10*

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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] and Lawrence R. LaPorte (SBN 130003) [e-mail] 2049 Century Park East, Suite 700 Los Angeles, CA 90067 Attorneys for Plaintiff BALTHASER ONLINE, INC. SCHIFFER ODOM HICKS & JOHNSON Logan E. Johnson (admitted pro hac vice) 3200 Southwest Freeway, Suite 2390 Houston, Texas 77027 Tel: [phone] Fax: [phone] Attorneys for Defendant SWATCHBOX TECHNOLOGIES, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

BALTHASER ONLINE, INC., Plaintiff, No. 5:09-cv-05422-RS

[Proposed] Order re Stipulation on Dismissal of Defendant Swatchbox Technologies, Inc.

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DICKSTEIN SHAPIRO LLP

v. ART STAR DESIGN LLC, et al. Defendants. [PROPOSED] ORDER RE STIPULATION ON DISMISSAL OF DEFENDANT SWATCHBOX TECHNOLOGIES, INC.

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) against, among others, Defendant Swatchbox Technolgies, Inc. ("Swatchbox"); (2) on January 12, 2009, Swatchbox 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, Swatchbox 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 action with respect to California Defendants, including Swatchbox, to this Court; (6) on November 17, 2009, the E.D. Texas Action was transferred to this District and assigned to the Honorable Patricia V. Trumbull; (7) on December 15, 2009, the above-styled action was reassigned to Honorable Jeremy Fogel; and (8) on March 18, 2010, the above-styled action was reassigned to this Court. WHEREAS, Balthaser and Swatchbox have reached a mutually satisfactory resolution of all issues between them that were the subject of Civil Action No. 2:08-cv-430 (DF) and the abovestyled action (collectively, the "Action"); WHEREAS, Balthaser and Swatchbox have filed a Stipulation on Dismissal of Defendant Swatchbox Technologies, Inc. (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 this Action; 2 [Proposed] Order re Stipulation on Dismissal of Defendant Swatchbox Technologies, 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 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 this Action; and 3. This Court shall retain jurisdiction over this matter for purposes of

enforcement of the settlement.

May 11, 2010 Dated: __________________

____________________________ Honorable Richard Seeborg United States District Court Judge

3 [Proposed] Order re Stipulation on Dismissal of Defendant Swatchbox Technologies, Inc.