AOL Inc. v. Slade

Filing 44

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Alsup on August 4, 2010. (whalc1, COURT STAFF) (Filed on 8/5/2010)

AOL Inc. v. Slade

Doc. 44

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JENNIFER LEE TAYLOR (CA SBN 161368) [e-mail] LINDSAY T. BRAUNIG (CA SBN 244125) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 LEE J. EULGEN (pro hac vice) [e-mail] SARAH E. SMITH (pro hac vice) [e-mail] GREGORY J. LEIGHTON (pro hac vice) [e-mail] NEAL, GERBER & EISENBERG LLP 2. N. LaSalle Street, Suite 1700 Chicago, Illinois 60602-3801 Telephone: [phone] Facsimile: 312.269.1747 Attorneys for Plaintiff AOL INC. JAMES MCMANIS (CA SBN 40958) [e-mail] TYLER ATKINSON (CA SBN 257997) [e-mail] McMANIS FAULKNER A Professional Corporation 50 West San Fernando Street, 10th Floor San Jose, California 95113 Telephone: [phone] Facsimile: 408.279.3244 Attorneys for Defendant Morgan Slade UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION AOL INC., a Delaware corporation, Plaintiff, v. MORGAN SLADE D/B/A THEKITCHENDAILY.COM and DOES 1 through 10, Defendants.
[PROPOSED] STIPULATED DISMISSAL ORDER CASE NO.:C 10-01992 WHA

Case No. C 10-01992 WHA [PROPOSED] STIPULATED DISMISSAL ORDER

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Plaintiff, AOL Inc. ("AOL"), and Defendant, Morgan Slade ("Slade"), by their respective attorneys and pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, hereby stipulate to the voluntary dismissal of the present action and state as follows: 1. On July 23, 2010, AOL and Slade entered into a Settlement Agreement

concerning the above-captioned action (the "Settlement Agreement"). 2. this action. 3. Notwithstanding the foregoing, several terms and conditions of the Settlement Pursuant to the terms of the Settlement Agreement, the parties seek dismissal of

Agreement remain to be fulfilled, and the parties request the Court to retain jurisdiction over this matter to enforce the parties' Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 381-82 (1984). WHEREFORE, the parties respectfully request that this Court issue an Agreed Order of Dismissal, and retain jurisdiction over the parties to enforce the terms of their Settlement Agreement for the reasons stated herein. IT IS SO STIPULATED. Dated: August 3, 2010 By: MORRISON & FOERSTER LLP /s/ Jennifer Lee Taylor_________________ JENNIFER LEE TAYLOR Attorneys for Plaintiff AOL Inc. Dated: August 3, 2010 By: McMANIS FAULKNER /s/ Tyler Atkinson TYLER ATKINSON Attorneys for Defendant Morgan Slade PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: August , 2010 ___________

The Honorable William Alsup United States District Judge 1

[PROPOSED] STIPULATED DISMISSAL ORDER CASE NO.:C 10-01992 WHA

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G is approved, the Court ATTESTATION While the stipulation ENERAL ORDER 45declines to retain jurisidiction to enforce terms ofI, Jennifer Lee Taylor, am has neither seen nor approved. That aside, being used to file a settlement agreement it the ECF User whose ID and password are the case is this Stipulation and [Proposed] stipulation. THE CLERK SHALL CLOSE THE to Strike dismissed pursuant to the above Order Extending Time to File Opposition to Motion FILE. Defendant's 27 Affirmative Defenses. In compliance with General Order 45, X.B., I hereby IT IS SO ORDERED. attest that Tyler Atkinson has concurred in this filing. Dated: August 3, 2010 Dated: August 4, 2010. By: /s/ Jennifer Lee Taylor_________________ JENNIFER LEE TAYLOR WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

[PROPOSED] STIPULATED DISMISSAL ORDER CASE NO.:C 10-01992 WHA

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