Groupion, LLC v. Groupon, Inc. et al

Filing 258

ORDER GRANTING 256 STIPULATION TO DISMISS WITH PREJUDICE. Signed by Judge JEFFREY S. WHITE on 1/2/13. (jjoS, COURT STAFF) (Filed on 1/2/2013)

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Case3:11-cv-00870-JSW Document256 Filed12/21/12 Page1 of 4

JACK RUSSO (State Bar No. 96068)
CHRISTOPHER SARGENT (State Bar No. 246285)
COMPUTERLAW GROUP LLP
401 Florence Street
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for GROUPION, LLC
and PETER-CHRISTOPH HAIDER
[Specially Appearing]
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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GROUPION, LLC, a California limited liability
company,
Plaintiff,
v.

Case No.: 3:11-cv-00870-JSW (MEJ)

JOINT STIPULATION AND
[PROPOSED] ORDER TO DISMISS
GROUPON, INC., a Delaware corporation, THE WITH PREJUDICE
POINT, INC., a Delaware corporation, and
GOOGLE, INC., a Delaware corporation,
Defendants.
GROUPON, INC., a Delaware corporation,

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Counterclaimant,

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v.

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GROUPION, LLC, a California limited liability
company, and PETER-CHRISTOPH HAIDER,
an individual,
Counterclaim Defendants.

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Computerlaw
Group LLP
computerlaw.comsm

JOINT STIPULATION TO DISMISS

CASE NO. 3:11-cv-00870-JSW

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Case3:11-cv-00870-JSW Document256 Filed12/21/12 Page2 of 4

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Pursuant to Rule 41(a)(1)(A) and (B) of the Federal Rules of Civil Procedure, the parties

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hereby jointly stipulate to dismiss all claims and counterclaims in this action WITH PREJUDICE, as

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follows:
WHEREAS, on April 4, 2011, Plaintiff and Counter-Defendant Groupion, LLC (“Groupion”)

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filed a First Amended Complaint (Dkt. 10), asserting various claims against Defendant and

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Counterclaimant Groupon, Inc. (“Groupon”), The Point, Inc.1, and Google, Inc., including: (1)

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Declaratory Relief (pertaining to Defendants Groupon, Inc., and The Point, Inc.); (2) Trademark

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Infringement [15 U.S.C. § 1114] (against all Defendants); and, (3) Unfair Competition (against all

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Defendants);

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WHEREAS, on February 10, 2012, Groupon filed its First Amended Answer To Plaintiff

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Groupion’s First Amended Complaint and Counterclaims (Dkt. 112), which included two

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counterclaims: (1) for violation of the Anticybersquatting Consumer Protection Act (15 U.S.C. §

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1125(d)) against Groupion and Counter-Defendant Mr. Peter-Christoph Haider; and, (2) for a

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Declaration of Cancellation of Groupion’s Trademark (under 15 U.S.C. § 1119);
WHEREAS, on May 8, 2012, the Court dismissed Groupion’s claims by its Order on

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Summary Judgment (Dkt. 145);

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WHEREAS, on September 7, 2012, this Court entered an Order Dismissing Defendant

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Google, Inc., Without Prejudice (Dkt. 196), pursuant to a Joint Stipulation filed by the parties;

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WHEREAS, on August 20, 2012, this Court ordered that the parties appear at a settlement

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conference before one of the district’s Magistrate Judges (Dkt. 192), and said settlement conference

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took place on September 24, 2012 before Magistrate Judge Cousins;

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WHEREAS, the parties were subsequently able to reach an agreement settling this litigation

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(including all claims and counterclaims) and have entered into a confidential settlement agreement;

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NOW THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED, by and between the

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parties, that all claims and counterclaims by the parties in this litigation be DISMISSED WITH

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PREJUDICE, each side to bear its own attorneys’ fees and costs.

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Computerlaw
Group LLP
computerlaw.comsm

As of June 16, 2009, ThePoint.com, Inc., a/k/a The Point, changed its name to Groupon, Inc.

JOINT STIPULATION TO DISMISS

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CASE NO. 3:11-cv-00870-JSW

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Case3:11-cv-00870-JSW Document256 Filed12/21/12 Page3 of 4

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The parties further stipulate that this Court shall retain jurisdiction to enforce the parties’

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settlement agreement as necessary and to the fullest extent provided by law. The parties further

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stipulate that all disputes and/or disagreements arising under the parties’ settlement agreement shall

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first be subject to non-binding confidential mediation before Magistrate Judge Cousins.

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IT IS SO STIPULATED.

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Dated: December 21, 2012

FENWICK & WEST LLP

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By: /s/Jedediah Wakefield
Jedediah Wakefield
Attorneys for Counterclaimant
Groupon, Inc.

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Dated: December 21, 2012

COMPUTERLAW GROUP LLP

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By: /s/Jack Russo
Jack Russo
Attorneys for Counterclaim Defendants
Groupion, LLC and Peter Christoph Haider

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ATTORNEY ATTESTATION

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Pursuant to General Order 45, I hereby attest that concurrence in the filing of this document

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has been obtained from the signatory indicated by a ‘conformed’ signature (/s/) within this e-filed
document.
/s/Jack Russo
Jack Russo, Esq.

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//

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Computerlaw
Group LLP
computerlaw.comsm

JOINT STIPULATION TO DISMISS

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CASE NO. 3:11-cv-00870-JSW

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Case3:11-cv-00870-JSW Document256 Filed12/21/12 Page4 of 4

[PROPOSED] ORDER

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Pursuant to the Joint Stipulation of the Parties, all claims and counterclaims in this litigation
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are hereby DISMISSED WITH PREJUDICE, each party to bear its own attorneys’ fees and costs.
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The Court shall retain jurisdiction to enforce the parties’ settlement Agreement as necessary
and to the fullest extent provided by law. All disputes and/or disagreements arising under their
Agreement shall first be subject to non-binding confidential mediation before Magistrate Judge
Cousins.
January 2, 2013
Dated: ________________, 2012
THE HONORABLE JEFFREY S. WHITE
United States District Court Judge

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Computerlaw
Group LLP
computerlaw.comsm

JOINT STIPULATION TO DISMISS

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CASE NO. 3:11-cv-00870-JSW