MShift, Inc. v. Digital Insight Corporation et al

Filing 353

ORDER RE DEFENDANTS' BILL OF COSTS. Signed by Judge Alsup on November 18, 2010. (whalc1, COURT STAFF) (Filed on 11/18/2010)

MShift, Inc. v. Digital Insight Corporation et al

Doc. 353

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DLA P I P E R LLP ( U S )
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ANDREW VALENTINE, Bar No. 162094 [e-mail] BRENT YAMASHITA, Bar No. 206890 [e-mail] DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: [phone] Fax: [phone] Attorneys for All Defendants and Counterclaimants [Names of Represented Parties & Additional Counsel Listed on Signature Block]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MSHIFT, INC., a Delaware Corporation, Plaintiff, v. DIGITAL INSIGHT CORPORATION d/b/a INTUIT FINANCIAL SERVICES, a Delaware corporation et al., Defendants. AND RELATED COUNTERCLAIMS CASE NO. C10-00710 (WHA) STIPULATION RE DEFENDANTS' BILL OF COSTS STIPULATION AND ORDER RE DEFENDANTS' BILL OF COSTS

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Dockets.Justia.com

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DLA P I P E R LLP ( U S )
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Pursuant to Civil Local Rule 7-12, IT IS HEREBY STIPULATED by and between plaintiff MShift, Inc. ("MShift") and Defendants and Counterclaimants Digital Insight Corporation d/b/a Intuit Financial Services ("DI"), Mobile Money Ventures, LLC ("MMV"), Community Trust Bank, Vision Bank, Meritrust Credit Union, Professional Federal Credit Union, Sanford Institution for Savings, Fort Worth Community Credit Union, USE Credit Union, Gate City Bank, Busey Bank, Denison State Bank, Fidelity Bank and First Internet Bank of Indiana (collectively, "Defendants"), by and through their counsel of record, as follows: WHEREAS, the Court entered final judgment in this action against MShift on October, 18, 2010; WHEREAS, on November 1, 2010, Defendants filed and served their Bill of Costs and supporting declarations of Andrew Valentine and Rodger Cole in accordance with the Federal Rules of Civil Procedure and Local Rule 54-1; WHEREAS, on November 10, 2010, counsel for MShift sent an e-mail to counsel for Defendants requesting a meet and confer regarding Defendants' Bill of Costs; WHEREAS, on November 11, 2010, counsel for MShift and counsel for Defendants met and conferred in good faith regarding Defendants' Bill of Costs; WHEREAS, in the interest of avoiding unnecessary motion practice, the parties agreed to a reduction of the total amount of Defendants' Bill of Costs as detailed below; WHEREAS, the parties agree that this Stipulation does not affect Mshift's ability to seek a stay of the judgment from the Court; The parties hereby STIPULATE to the following modifications of Defendants' Bill of Costs and request that the Clerk make his or her assessment based upon these stipulated costs: The costs incurred by DLA Piper LLP (US) on behalf of Defendants is reduced from $30,572.73 to $27,500; The costs incurred by Fenwick & West LLP on behalf of Digital Insight is reduced from $24,630.87.61 to $19,000; and Accordingly, the total costs incurred by Defendants as detailed in Defendants' Bill of Costs is reduced from $55,203.60 to $46,500.
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DLA P I P E R LLP ( U S )
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SO STIPULATED.

Date: November 15, 2010

BERGESON, LLP By: /s/ Melinda Morton Melinda M. Morton Attorneys for Plaintiff, Counter-Defendant, and Counter-Claimant MSHIFT, INC.

Date: November 15, 2010

DLA PIPER LLP By: /s/ Andrew P. Valentine Andrew P. Valentine Attorneys for Certain Defendants and Counterclaimants, DIGITAL INSIGHT CORPORATION and MMV, et al.

Date: November 15, 2010

DLA PIPER LLP By: /s/ Rodger Cole Rodger Cole Attorneys for Certain Defendant and Counterclaimant DIGITAL INSIGHT CORPORATION

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DLA P I P E R LLP ( U S )
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ORDER GOOD CAUSE APPEARING, it is hereby ORDERED as follows: The Court adopts the Stipulation agreed to between the parties with respect to Defendants' Bill of Costs, including the following modifications: 1. The costs incurred by DLA Piper LLP (US) on behalf of Defendants is reduced

from $30,572.73 to $27,500; 2. The costs incurred by Fenwick & West LLP on behalf of Digital Insight is reduced

from $24,630.87.61 to $19,000; and 3. The total costs incurred by Defendants as detailed in Defendants' Bill of Costs is

reduced from $55,203.60 to $46,500. The Clerk of the Court will make its assessment of taxable costs using the revised total amount of $46,500. IT IS SO ORDERED.

November 18, 2010. DATED: ______________________

_________________________________ The Honorable William Alsup United States District Court Judge

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DLA P I P E R LLP ( U S )
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List of Counsel Submitting Stipulation: ANDREW VALENTINE, Bar No. 162094 [e-mail] BRENT YAMASHITA, Bar No. 206890 [e-mail] ERIK R. FUEHRER, Bar No. 252578 [e-mail] DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: [phone] Fax: [phone] Attorneys for Defendants & Counterclaimants DIGITAL INSIGHT CORPORATION d/b/a INTUIT FINANCIAL SERVICES, COMMUNITY TRUST BANK, MOBILE MONEY VENTURES, LLC, MERITRUST CREDIT UNION, PROFESSIONAL FEDERAL CREDIT UNION, SANFORD INSTITUTION FOR SAVINGS, FORT WORTH COMMUNITY CREDIT UNION, USE CREDIT UNION, GATE CITY BANK, BUSEY BANK, DENISON STATE BANK, FIDELITY BANK, FIRST INTERNET BANK OF INDIANA VISION BANK RODGER R. COLE, Bar No. 178865 [e-mail] HEATHER N. MEWES, Bar No. 203690 [e-mail] SONGMEE L. CONNOLLY, Bar No. 228555 [e-mail] FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: 650.938.5200 Attorneys for Defendant and Counterclaimant DIGITAL INSIGHT CORPORATION d/b/a INTUIT FINANCIAL SERVICES

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ATTESTATION CLAUSE In accordance with General Order No. 45, Rule X.B, I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories. Date: November 15, 2010 DLA PIPER LLP By: /s/ Erik R. Fuehrer Erik R. Fuehrer

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