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

Filing 531

STIPULATION AND ORDER RE: 527 ON DISMISSAL OF DEFENDANT LIVE JOURNAL, INC. Signed by Judge Richard Seeborg on 11/22/10. (cl, COURT STAFF) (Filed on 11/22/2010)

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

Doc. 531

*E-Filed 11/22/10*

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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. 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 LIVE JOURNAL, INC.

[Proposed] Order re Stipulation on Dismissal of Defendant Live Journal, 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 LIVE JOURNAL, 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 Live Journal, Inc. ("Live Journal"); (2) on January 12, 2009, Live Journal filed an Answer and Affirmative Defenses to the Complaint; (3) on January 15, 2009, Balthaser filed a First Amended Complaint; (4) on February 2, 2009, Live Journal filed an Answer and Affirmative Defenses to the 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 Live Journal, 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 Live Journal 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"); 2 [Proposed] Order re Stipulation on Dismissal of Defendant Live Journal, Inc. No. 3:09-cv-05422-RS

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DICKSTEIN SHAPIRO LLP

WHEREAS, Balthaser and Live Journal 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.

Dated: __________________ 11/22/10

____________________________ Honorable Richard Seeborg United States District Court Judge

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