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

Filing 513

ORDER DISMISSING DEFENDANT GAIA INTERACTIVE, INC. Signed by Judge Richard Seeborg on 10/28/10. (cl, COURT STAFF) (Filed on 10/28/2010)

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

Doc. 513

*E-Filed 10/28/10*

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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. GOODWIN PROCTER LLP Rebecca Unruh (SBN 267881) 135 Commonwealth Drive Menlo Park, CA 94025-1105 Telephone: [phone] Fax: [phone] Attorneys for Defendant GAIA INTERACTIVE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

BALTHASER ONLINE, INC., Plaintiff,

No. 3:09-cv-05422-RS [PROPOSED] ORDER DISMISSING

[Proposed] Order Dismissing Defendant Gaia Interactive, Inc. No. 3:09-cv-05422-RS
Dockets.Justia.com

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DICKSTEIN SHAPIRO LLP

v. ELECTRONIC ARTS, INC, et al. Defendants.

DEFENDANT GAIA INTERACTIVE, 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 Gaia Interactive, Inc. ("Gaia"); (2) on January 12, 2009, Gaia 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, Gaia 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 Gaia, 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 Gaia 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 above-styled action (collectively, the "Action"); WHEREAS, Balthaser and Gaia 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: 2 [Proposed] Order Dismissing Defendant Gaia Interactive, Inc. No. 3:09-cv-05422-RS

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DICKSTEIN SHAPIRO LLP

1.

All claims and counterclaims asserted by Balthaser in the Action against Gaia

are hereby dismissed with prejudice; 2. All claims and counterclaims asserted by Gaia in the Action against Balthaser

are hereby dismissed with prejudice; 3. Each party shall bear its own costs, expenses and attorneys' fees associated

with the prosecution and defense of this Action; and 4. This Court shall retain jurisdiction over this matter for purposes of

enforcement of the settlement.

10/28/10 Dated: __________________

____________________________ Honorable Richard Seeborg United States District Court Judge

3 [Proposed] Order Dismissing Defendant Gaia Interactive, Inc. No. 3:09-cv-05422-RS