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

Filing 563

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT HOOKUMU, INC., ***Civil Case Terminated. Signed by Judge Richard Seeborg on 3/30/11. (cl, COURT STAFF) (Filed on 3/30/2011)

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

Doc. 563

*E-Filed 3/30/11*

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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.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

BALTHASER ONLINE, INC., Plaintiff, v.

No. 3:09-cv-05422-RS (PSG)

[PROPOSED] ORDER RE. STIPULATION ON DISMISSAL OF DEFENDANT HOOKUMU, INC.

HOOKUMU, INC, et al. Defendants.

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

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DICKSTEIN SHAPIRO LLP

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 Hookumu, Inc. ("HOOKUMU"); (2) on January 12, 2009, HOOKUMU filed an Answer to the Complaint, Affirmative Defenses, and Counterclaims; (3) on January 15, 2009, Balthaser filed a First Amended Complaint; (4) on February 5, 2009, HOOKUMU 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 HOOKUMU, 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 the Honorable Jeremy Fogel; and (8) on March 18, 2010, the above-styled action was reassigned to this Court. WHEREAS, there no longer exists a dispute between Balthaser and HOOKUMU concerning 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 HOOKUMU have filed a Stipulation of Dismissal (the "Stipulation") with this Court advising the Court that a dispute no longer exists concerning 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 [Proposed] Order re Stipulation on Dismissal of Defendant Hookumu, Inc. No. 3:09-cv-05422-RS

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DICKSTEIN SHAPIRO LLP

2.

Each party shall bear its own costs, expenses and attorneys' fees associated

with the prosecution and defense of this Action; 3. denied as moot; and 4. This Court shall retain jurisdiction over this matter for purposes of All unresolved pending motions in this Action between the parties shall be

enforcement of the parties' agreement.

IT IS SO ORDERED.

3/30/11 Dated: __________________

____________________________ Honorable Richard Seeborg United States District Court Judge

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

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DICKSTEIN SHAPIRO LLP

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