Marion Zimmer Bradley Literary Works Trust et al v. Battle

Filing 14

ORDER by Magistrate Judge Maria-Elena James granting 13 Stipulated Motion to enter Consent Decree and Dismissal. (rmm2S, COURT STAFF) (Filed on 6/27/2012)

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Kelley A. Way, State Bar No. 273821
204 Clyde Drive
Walnut Creek, CA 94598
Tel. [phone]
[e-mail]

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DOWNEY BRAND LLP
Gregory T. Broderick, State Bar No. 220871
621 Capitol Mall, Eighteenth Floor
Sacramento, CA 95814-4686
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARION ZIMMER BRADLEY LITERARY
WORKS TRUST,

Case No.: 3:12-CV-00073 MEJ

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and

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ANN SHARP, Trustee,

STIPULATED MOTION TO ENTER
CONSENT DECREE AND DISMISSAL
[Fed. R. Civ. P. 41(a)]

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Plaintiffs,
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v.
MARY BATTLE, and DOE 1,

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Defendants.

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Plaintiffs Marion Zimmer Bradley Literary Works Trust and Ann Sharp, its Trustee, and

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Defendant Mary Battle, by and through their undersigned attorneys, hereby request that the Court

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enter the Consent Decree Attached hereto as Exhibit 1. All parties have agreed to the terms of the

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Decree, as evidenced by their signatures thereon. In addition, the parties request that the Court

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dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). As set

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forth in the Consent Decree, the parties stipulate and request that the District Court retain

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jurisdiction to enforce the terms and conditions of this Consent Decree and to resolve disputes

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arising hereunder as may be necessary or appropriate for the construction or execution of this
STIPULATED MOTION FOR ENTRY OF CONSENT DECREE;
DISMISSAL per RULE 41(a); AND [PROPOSED] ORDER 1
1263718.2

3:12-CV-00073 MEJ

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Consent Decree. See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381 (1994).

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On June 26, 2012, counsel for Defendant authorized counsel for Plaintiff to sign and file

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this Stipulated Motion on behalf of all parties.

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Dated: June 26, 2012

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By:_/s/ Kelley A. Way__________________________
Kelley A. Way
Attorney for Plaintiffs Marion Zimmer Bradley
Literary Works Trust and Ann Sharp, Trustee

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Dated: June 26, 2012

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By:_/s/ David R. Owens ________________________
David R. Owens
Attorney for Defendant Mary Battle

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STIPULATED MOTION FOR ENTRY OF CONSENT DECREE;
DISMISSAL per RULE 41(a); AND [PROPOSED] ORDER 2
1263718.2

3:12-CV-00073 MEJ

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[PROPOSED] ORDER

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Good cause appearing, and the parties having stipulated and agreed,

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IT IS HEREBY ORDERED that Plaintiffs Marion Zimmer Bradley Literary Works Trust

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and Ann Sharp, Trustee claims against Defendant Mary Battle, as set forth in the Complaint filed

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in Case No. 3:12-CV-00073 MEJ, are hereby dismissed with prejudice.

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IT IS FURTHER ORDERED that the Consent Decree attached as Exhibit 1 to the

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Stipulated Motion to Enter Consent Decree and Dismissal is adopted and approved by this Court;

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IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction to enforce
the terms and conditions of this Consent Decree and to resolve disputes arising hereunder as may

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be necessary or appropriate for the construction or execution of the Consent Decree. See

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Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381 (1994).

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IT IS SO ORDERED

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT COURT OF CALIFORNIA

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June 27, 2012
Dated:__________________

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__________________________________________
Hon. Maria-Elena James
Chief United States Magistrate Judge

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STIPULATED MOTION FOR ENTRY OF CONSENT DECREE;
DISMISSAL per RULE 41(a); AND [PROPOSED] ORDER 3
1263718.2

3:12-CV-00073 MEJ