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

Filing 556

STIPULATION AND ORDER RE 554 DISMISSAL OF DEFENDANT ELECTRONIC ARTS,INC. Stipulation filed by Balthaser Online, Inc. Signed by Judge Richard Seeborg on 12/21/10. (cl, COURT STAFF) (Filed on 12/21/2010)

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

Doc. 556

*E-Filed 12/21/10*

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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 Plaint iff BALTHASER ONLINE, INC. GIBSON, DUNN & CRUTCHER LLP Wayne M. Barsky (SBN 116731) wbarsky@gibso ndunn.com 2029 Century Park East Los Angeles, CA 90067-3026 Telephone: [phone] Facsimile: [phone] and Sarah E. Piepmeier (SBN 227094) spiepmeier@gibso ndunn.com 555 Missio n Street, Suite 3000 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ELECTRONIC ARTS, INC.

[Proposed] Order re Stipulat ion on Dismissal o f Defendant Electronic Arts, 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., Plaint iff, v. ELECTRONIC ARTS, INC, et al. Defendants. [PROPOSED] ORDER RE. STIPULATION ON DISMISSAL OF DEFENDANT ELECTRONIC ARTS, INC. No. 3:09-cv-05422-RS

WHEREAS, (1) on November, 4, 2008, Plaint iff Balthaser Online, Inc. ("Balt haser") filed a Complaint in the United States District Court for the Eastern District of Texas, Marshall Divisio n, commencing Civil Act ion No. 2:08-cv-430 (DF) against, among others, Defendant Electronic Arts Inc. ("EA"); (2) on January 12, 2009, EA filed an Answer and Affirmat ive Defenses to the Complaint ; (3) on January 15, 2009, Balthaser filed a First Amended Complaint ; (4) on February 2, 2009, EA filed an Answer and Affirmative Defenses to the First Amended Co mplaint ; (5) on September 15, 2009, an Order concerning Califo rnia Defendants' Motion to Transfer Venue was issued transferring the act ion with respect to California Defendants, and certain other defendants, including EA, to this District; (6) on November 17, 2009, the E.D. Texas Act ion was transferred to this District and assigned to the Honorable Patricia V. Trumbell; (7) on December 15, 2009, the above-st yled act ion was reassigned to the Honorable Jeremy Fogel; and (8) on March 18, 2010, the above-st yled act ion was reassigned to this Court. WHEREAS, Balthaser and EA have reached a mutually sat isfactory reso lut ion of all issues between them that were the subject of Civil Action No. 2:08-cv-430 (DF) and the above-st yled action (collectively, the "Action"); 2 [Proposed] Order re Stipulat ion on Dismissal o f Defendant Electronic Arts, Inc. No. 3:09-cv-05422-RS

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DICKSTEIN SHAPIRO LLP

WHEREAS, Balthaser and EA have filed a Stipulation of Dis missal (the "Stipulat ion") with this Court advising the Court that the parties have reached a mutually satisfactory reso lution o f all issues between them that were subject of this Act ion; NOW, THEREFORE, after considering the St ipulat ion, the Court is o f the opinio n that the Stipulation should be granted and therefore, it is hereby ORDERED, ADJUDGED AND DECREED THAT: 1. All claims and counterclaims asserted by eit her party in the Act ion against the

other are hereby dismissed wit h 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 jurisdict ion over this matter for purposes of

enforcement of the settlement.

IT IS SO ORDERED.

12/ _____ Dated: _____21/10 ________

____________________________ Honorable Richard Seeborg United States District Court Judge

3 [Proposed] Order re Stipulat ion on Dismissal o f Defendant Electronic Arts, Inc. No. 3:09-cv-05422-RS