Quigley et al v. Guvera IP Pty Ltd. et al

Filing 77

ORDER OF DISMISSAL WITH PREJUDICE re 76 Stipulation filed by Tim Quigley, Guvera USA Inc., Qaz Media LLC. Signed by Judge Charles R. Breyer on 5/27/2011. (be, COURT STAFF) (Filed on 5/31/2011)

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IAN K. BOYD (SBN 191434)
[e-mail]
NAOMI JANE GRAY (SBN 230171)
[e-mail]
HARVEY SISKIND LLP
Four Embarcadero Center, 39th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
TIM QUIGLEY and QAZ MEDIA LLC

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MANATT, PHELPS & PHILLIPS, LLP
KEVIN P. DWIGHT (Bar No. CA 239476)
E-mail: [e-mail]
One Embarcadero Center, 30th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
MANATT, PHELPS & PHILLIPS, LLP
THOMAS C. MORRISON (Admitted Pro Hac Vice)
E-mail: [e-mail]
7 Times Square
New York, NY 10036
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
GUVERA USA INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT

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TIM QUIGLEY, an individual, and QAZ
MEDIA, LLC, a Washington corporation,
Plaintiffs,

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No. 3:10-cv-03569-CRB
STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL WITH
PREJUDICE

vs.
GUVERA IP PTY LTD., an Australian
proprietary limited company, and
GUVERA USA INC., a Delaware
company,
Defendants.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
SAN FRA NCI SCO

STIPULATION AND [PROPOSED] ORDER
OF DISMISSAL WITH PREJUDICE

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IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs TIM

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QUIGLEY and QAZ MEDIA, LLC (collectively, “Plaintiffs”), on the one hand, and Defendant

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GUVERA USA INC., on the other hand, through their undersigned counsel of record, that:

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1.

On August 13, 2010, Plaintiffs filed a Complaint against Defendants

Guvera IP Pty Ltd., Guvera USA, Inc., Guvera Australia Pty. Ltd., and Guvera Ltd.;
2.

On October 5, 2010, Plaintiffs filed an Amended Complaint, in which

Plaintiffs dismissed Guvera Ltd. and Guvera Australia Pty. Ltd from this action;
3.

On December 20, 2010, pursuant to a motion to dismiss, this Court

dismissed Guvera IP Pty Ltd. from this action;
4.

On January 13, 2011, Guvera USA, Inc. filed an Answer to Plaintiffs’

Amended Complaint and a Counterclaim against Plaintiffs;
5.

On February 3, 2011, Plaintiffs filed an Answer to the Counterclaim of

Guvera USA, Inc.;
6.

On March 9, 2011, the parties filed a Stipulation and [Proposed] Order of

Dismissal Without Prejudice, which was entered by this Court on March 14, 2011;
7.

Pursuant to the Settlement Agreement dated as of March 3, 2011, Plaintiffs

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hereby dismiss the Amended Complaint with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a);

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8.

Pursuant to the Settlement Agreement dated as of March 3, 2011, Guvera

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USA, Inc. hereby dismisses its Counterclaims with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a); and

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9.

Each party will bear its own legal expenses, including without limitation,

attorneys’ fees and costs.
IT IS SO STIPULATED.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
SAN FRA NCI SCO

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STIPULATION AND [PROPOSED] ORDER
OF DISMISSAL WITH PREJUDICE

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Dated:

May 26, 2011

HARVEY SISKIND LLP

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By: /s/ Naomi Jane Gray
Naomi Jane Gray
Attorneys for Plaintiffs
TIM QUIGLEY AND QAZ MEDIA LLC

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Dated:

May 26, 2011

MANATT, PHELPS & PHILLIPS, LLP

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By: /s/ Kevin P. Dwight
Kevin P. Dwight
Attorneys for Defendants
GUVERA USA INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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May 27
DATED: _________________, 2011

S
UNIT
ED

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Honorable Charles R. Breyer
United States District Judge
reyer
les R. B
ge Char
Jud
I, Kevin P. Dwight, am the ECF User whose identification and password are being used to

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C
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file this document. Pursuant to General Order 45.X.B, I hereby attest that counsel for Plaintiffs
has concurred in this filing.

F
D IS T IC T O
R

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By:
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/s/
Kevin P. Dwight
Attorneys for Defendants
GUVERA USA INC.

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300258511.1

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
SAN FRA NCI SCO

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STIPULATION AND [PROPOSED] ORDER
OF DISMISSAL WITH PREJUDICE