Monster Cable Products, Inc. et al v. Feldman et al

Filing 103

STIPULATION AND ORDER AND NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF DEFENDANTS' APPLICATION FOR WRIT OF EXECUTION AND PLAINTIFFS' MOTION FOR A STAY OF EXECUTION PENDING APPEAL. Signed by Judge Richard Seeborg on 8/16/13. (cl, COURT STAFF) (Filed on 8/16/2013)

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401 Greenwich Street
New York, NY 10013

OVED & OVED LLP

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Krista M. Enns (SBN: 206430)
Benjamin J. Kimberley (SBN: 259800)
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5802
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
Darren Oved (pro hac vice)
Edward C. Wipper (pro hac vice)
Andrew J. Urgenson (pro hac vice)
OVED & OVED LLP
401 Greenwich Street
New York, NY 10013
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
ELY EDDI, DIGITAL DATA DEVICES,
INC., and DIGITAL IN THE HOUSE, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MONSTER CABLE PRODUCTS, INC. and
MONSTER CABLE, LLC,

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Plaintiffs,
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v.
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JEFF FELDMAN, ELY EDDI, DIGITAL
)
DATA DEVICES, INC., and DIGITAL IN THE )
HOUSE, INC.,
)
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Defendants.
)
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)
)
)
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Case No. 3:12-cv-00250-RS
ORDER
STIPULATION AND NOTICE OF
WITHDRAWAL WITHOUT PREJUDICE
OF DEFENDANTS’ APPLICATION FOR
WRIT OF EXECUTION AND
PLAINTIFFS’ MOTION FOR A STAY OF
EXECUTION PENDING APPEAL

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STIPULATION AND NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF DEFENDANTS’ APPLICATION
FOR WRIT OF EXECUTION AND PLAINTIFFS’ MOTION FOR A STAY OF EXECUTION PENDING APPEAL
Case No. 3:12-cv-00250-RS

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Pursuant to Local Rules 7-7(e) and 7-12, Defendants ELY EDDI (“EDDI”), DIGITAL

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DATA DEVICES, INC. and DIGITAL IN THE HOUSE, INC. (collectively the “Defendants”), and

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Plaintiffs MONSTER CABLE PRODUCTS, INC. and MONSTER CABLE, LLC, (collectively,

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“MONSTER”), by and through their respective counsel of record, hereby stipulate as follows:
WHEREAS, on June 5, 2013, Defendants filed an application for a Writ of Execution (the

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“Writ Application,” Docket No. 90) in connection with the Court’s Order Re Motion for Attorney

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Fees, dated and entered on February 27, 2013, which awarded attorneys fees in favor of Defendants

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and against Plaintiffs in the amount of $40,000 (the “Fees Award,” Docket No. 78), the full amount

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of which remains unpaid.

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401 Greenwich Street
New York, NY 10013

OVED & OVED LLP

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WHEREAS, on June 10, 2013, MONSTER filed a motion to stay enforcement of the Court’s

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Order Re Attorney (the “Stay Motion,” Docket No. 92), pending Plaintiffs’ appeal and Defendants’

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cross-appeal of the Fees Award (the “Appeals”);

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WHEREAS, the parties have agreed to a mediation of this action, including the issues raised

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in the Stay Motion and Writ Application, before the mediator appointed by 9th Circuit Court of

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Appeals;

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WHEREAS, the parties, as a result of the foregoing, have agreed to, inter alia: (1) stay their

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presently pending arbitration before the American Arbitration Association (the “AAA Arbitration”)

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until the conclusion of the mediation, without prejudice to any party with respect to the schedule

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they propose to the arbitration panel for completing the arbitration, including without limitation the

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dates they seek for a final arbitration hearing, and without prejudice to the right of any party hereto

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to declare the mediation concluded after the first day of the mediation; (2) withdraw without

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prejudice the Stay Motion and Writ Application and refrain from any and all other efforts to enforce

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the Fee Award until entry of a final award in the AAA Arbitration or dismissal of the arbitration; and

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STIPULATION AND NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF DEFENDANTS’ APPLICATION
FOR WRIT OF EXECUTION AND PLAINTIFFS’ MOTION FOR A STAY OF EXECUTION PENDING APPEAL
Case No. 3:12-cv-00250-RS

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(3) stay the Appeals until a final judgment is entered in the district court or dismissal of the action.

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through

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their respective counsel, as set forth above and, without limitation thereof, that the Stay Motion and

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Writ Application be withdrawn without prejudice to any of the parties’ rights, all of which are

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expressly reserved.

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DATED: August 7, 2013

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Respectfully submitted,
OVED & OVED LLP

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By:________/S/_________________________________
Darren Oved
Attorneys for Defendants
ELY EDDI, DIGITAL DATA DEVICES, INC., and
DIGITAL IN THE HOUSE, INC.

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401 Greenwich Street
New York, NY 10013

OVED & OVED LLP

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SIDEMAN & BANCROFT LLP

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By:

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/S/
Rodney Patula
Attorneys for Plaintiffs
MONSTER CABLE PRODUCTS, INC. and
MONSTER, LLC

PURSUANT TO STIPULATION,
IT IS HERBY SO ORDERED:
_________________________
Richard Seeborg
United States District Judge
Dated: 8/16/13

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STIPULATION AND NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF DEFENDANTS’ APPLICATION
FOR WRIT OF EXECUTION AND PLAINTIFFS’ MOTION FOR A STAY OF EXECUTION PENDING APPEAL
Case No. 3:12-cv-00250-RS