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

Filing 486

STIPULATION AND ORDER ON DISMISSAL OF DEFENDANT NING, INC. Signed by Judge Richard Seeborg on 9/3/10. (cl, COURT STAFF) (Filed on 9/3/2010)

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

Doc. 486

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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. GIBSON, DUNN & CRUTCHER LLP Wayne M. Barsky (SBN 116731) [e-mail] 2029 Century Park East Los Angeles, CA 90067-3026 Telephone: [phone] Facsimile: [phone] and Sarah E. Piepmeier (SBN 227094) [e-mail] 555 Mission Street, Suite 3000 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NING, INC.

[Proposed] Order re Stipulation on Dismissal of Defendant Ning, Inc. No. 3:09-cv-05422-RS
Dockets.Justia.com

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DICKSTEIN SHAPIRO LLP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

BALTHASER ONLINE, INC., Plaintiff, v. ELECTRONIC ARTS, INC, et al. Defendants.

No. 3:09-cv-05422-RS [PROPOSED] ORDER RE. STIPULATION ON DISMISSAL OF DEFENDANT NING, 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 Ning, Inc. ("Ning"); (2) on January 12, 2009, Ning 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, Ning 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, and certain other defendants, including Ning, 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; (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 Ning 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"); 2 [Proposed] Order re Stipulation on Dismissal of Defendant Ning, Inc. No. 3:09-cv-05422-RS

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DICKSTEIN SHAPIRO LLP

WHEREAS, Balthaser and Ning have filed a Stipulation of Dismissal (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; 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.

9/3/10 Dated: __________________

____________________________ Honorable Richard Seeborg United States District Court Judge

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