Heller v. Cepia L.L.C. et.al.

Filing 102

ORDER GRANTING 98 STIPULATION Requesting that Plaintiff Jason G. Heller's Complaint Against Defendant Cepia, L.L.C. Be Dismissed With Prejudice Pursuant to Federal Rule of Civil Procedure 41(A)(2). Signed by Judge JEFFREY S. WHITE on 3/29/12. (jjoS, COURT STAFF) (Filed on 3/29/2012)

Case3:11-cv-01146-JSW Document99 Filed03/28/12 Page1 of 2

1
2
3

ROBERT C. MATZ
[e-mail]
THE LAW OFFICE OF ROBERT C. MATZ
1151 Harbor Bay Parkway, Suite 112
Alameda, CA 94502
Telephone:
[phone]

4
5
6
7
8
9
10
11
12

Attorney for Plaintiff
JASON G. HELLER
KEKER & VAN NEST LLP
JEFFREY R. CHANIN - # 103649
[e-mail]
MATTHEW WERDEGAR - # 200470
[e-mail]
WARREN A. BRAUNIG - # 243884
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188
Attorneys for Defendant
CEPIA, L.L.C.

13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17
18

JASON G. HELLER, an individual and sole
proprietor doing business as Floating
Lightbulb Toys,

19

Plaintiff,

Case No. CV11-01146 JSW (MEJ)
[PROPOSED] ORDER DISMISSING
PLAINTIFF JASON G. HELLER’S
COMPLAINT AGAINST DEFENDANT
CEPIA L.L.C. WITH PREJUDICE

v.

20

Judge:
21
22
23
24
25

CEPIA, L.L.C., a Missouri Limited Liability
Company; A-TECH PRODUCTS
ENGINEERING COMPANY, LIMITED, a
Hong Kong Limited Liability Company;
THE BEAN PROJECT COMPANY
LIMITED, a Hong Kong Limited Company;
YING LEUNG INTERNATIONAL
LIMITED, Hong Kong Limited Liability
Company,

Hon. Jeffrey S. White

Date Filed: March 10, 2011
Trial Date: TBD

Defendants.

26
27
28

[PROPOSED] ORDER DISMISSING MR. HELLER’S COMPLAINT
AGAINST CEPIA L.L.C. WITH PREJUDICE
Case No. CV11-01146 JSW (MEJ)

636600.01
639593.01

Case3:11-cv-01146-JSW Document99 Filed03/28/12 Page2 of 2

1
2
3
4

Having reviewed the Stipulation and Request for Order of Dismissal With Prejudice filed
by Plaintiff Jason G. Heller (“Mr. Heller”) and Defendant Cepia, L.L.C. (“Cepia”) (collectively
“the Parties”), and good cause appearing, pursuant to Federal Rule of Civil Procedure Rule
41(a)(2), this Court hereby ORDERS as follows:

5
6

1.
is GRANTED.

7
8

2.

11
12
13
14
15
16

3.

This Court shall retain jurisdiction over the Parties and Mr. Heller’s counsel,

Robert C. Matz, for the limited purposes of enforcing, vacating, or modifying, as appropriate, the
sanctions imposed on Mr. Matz in the Court’s January 4, 2012 Order Regarding Cross Motions
for Sanctions and Motions to Dismiss (D.E. # 83) upon resolution of Mr. Matz’s appeal of that
Order and consistent with any opinion, order or other directive issued by the United States Court
of Appeals for the Ninth Circuit therewith, and/or hearing any subsequent applications or other
filings made by Mr. Matz in this Court for the purpose of informing the Court of his financial
situation/ability to pay any sanction upheld by the Court of Appeals.

17
18

Mr. Heller’s Complaint against Cepia is DISMISSED in its entirety WITH

PREJUDICE.

9
10

The Parties’ request for an order dismissing Mr. Heller’s Complaint against Cepia

4.

The Parties shall each bear their own attorneys’ fees and costs incurred in

connection with this action.

19

Pursuant to the stipulation of the Parties, IT IS SO ORDERED.

20
21
22

Dated:

March 29, 2012
HONORABLE JEFFREY S. WHITE
UNITES STATES DISTRICT JUDGE

23
24
25
26
27
1

28

[PROPOSED] ORDER DISMISSING MR. HELLER’S COMPLAINT
AGAINST CEPIA L.L.C. WITH PREJUDICE
Case No. CV11-01146 JSW (MEJ)

636600.01
639593.01