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

Filing 535

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT NIKE, INC. Signed by Judge Richard Seeborg on 11/24/10. (cl, COURT STAFF) (Filed on 11/24/2010)

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

Doc. 535

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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. BANNER & WITCOFF, LTD. Christopher J. Renk, IL 6199012 (admitted pro hac vice) Thomas K. Pratt, IL 6209761 (admitted pro hac vice) Timothy C. Meece, IL 6226967 (admitted pro hac vice) 10 S. Wacker Drive, Ste. 3000 Chicago, IL 60606 Telephone : [phone] Facsimile : [phone] PILLSBURY WINTHROP SHAW PITTMAN LLP Vernon H. Granneman (SBN 083532) 2475 Hanover Street Palo Alto, CA 94304-1114 and Colin T. Kemp (SBN 215408) 50 Fremont Street San Francisco, CA 94105-2228

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

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DICKSTEIN SHAPIRO LLP

Attorneys for Defendant NIKE, INC. 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 NIKE, 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 Nike, Inc. ("Nike"); (2) on January 2, 2009, Nike filed an Answer and Affirmative Defenses; (3) on January 15, 2009, Balthaser filed a First Amended Complaint; (4) on February 2, 2009, Nike filed an Answer and Affirmative Defenses to the 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 Nike, 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.

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

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DICKSTEIN SHAPIRO LLP

WHEREAS, Balthaser and Nike 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 Nike 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.

11/24/10 Dated: __________________

____________________________ Honorable Richard Seeborg United States District Court Judge

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