Twitter, Inc. v. Skootle Corp. et al

Filing 43

ORDER signed on 6/11/12 (as amended) by Judge Illstongranting 19 Stipulated Order of Dismissal with Prejudice as to as to Justin Clerk d/b/a TweetBuddy.com only. (tfS, COURT STAFF) (Filed on 6/12/2012)

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DAVID H. KRAMER, SBN 168452
CHARLES T. GRAVES, SBN 197923
RIANA S. PFEFFERKORN, SBN 266817
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
Twitter, Inc.
JUSTIN CLARK
4934 Oaklefe Court
Rockledge, FL 32955
PRO SE DEFENDANT

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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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TWITTER, INC., a Delaware corporation,

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Plaintiff,
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v.
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SKOOTLE CORP., a Tennessee corporation; JL4 )
Web Solutions, a Philippines corporation;
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JUSTIN CLARK, an individual, d/b/a
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TWEETBUDDY.COM; JAMES KESTER, an
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individual; JAYSON YANUARIA, an
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individual; JAMES LUCERO, an individual; and )
GARLAND E. HARRIS, an individual,
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Defendants.
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CASE NO.: 3:12-CV-1721-LB
[PROPOSED] STIPULATED ORDER
OF DISMISSAL WITH PREJUDICE
AND CONSENT JUDGMENT

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As a result of settlement of this action by virtue of a confidential settlement agreement

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between the parties, and as a result of the parties’ agreement regarding the terms of this consent

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judgment, judgment is hereby entered in this action, and it is hereby ORDERED, ADJUDGED,

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and DECREED that:

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CASE NO. 12-CV-1721-LB
[PROPOSED] STIPULATED ORDER OF DISMISSAL
AND CONSENT JUDGMENT

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1)

Plaintiff Twitter, Inc. filed this lawsuit against Defendant Justin Clark, d/b/a

TweetBuddy.com (“Clark”), in April 2012.
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This Court has jurisdiction over the parties to this action and over the subject

matter of the complaint.
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The Parties have agreed to resolve this dispute through a confidential settlement

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agreement, entered into by both Parties on advice of counsel of their own choice, have consented

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to this Stipulated Order of Dismissal with Prejudice and Consent Judgment, and hereby stipulate

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as follows:

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a)

him, are permanently enjoined from directly or indirectly:

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Defendant Clark, his agents, and all other parties acting in concert with

i)

Creating or soliciting the creation of Twitter accounts for purposes

that violate Twitter’s Terms of Service (including the Twitter Rules);

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ii)

Accessing, searching, or attempting to access or search Twitter’s

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website, computer systems, and services in order to engage in specific acts that violate Twitter’s

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Terms of Service (including the Twitter Rules);

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iii)

Creating, developing, manufacturing, adapting, modifying, making

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available, trafficking in, using, disclosing, selling, licensing, distributing (with or without

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monetary charge), updating, providing customer support for, or offering for use, sale, license, or

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distribution (with or without monetary charge), any software or technology designed for use in

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connection with Twitter’s service, the use of which would violate Twitter’s Terms of Service

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(including the Twitter Rules), including but not limited to TweetBuddy and TweetBuddy

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Enterprise Edition;

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iv)

Transmitting, assisting with the transmission of, or procuring or

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inducing the transmission of unsolicited commercial messages to users on Twitter’s service,

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including but not limited to Tweets, @replies, and direct messages, to Twitter users;

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v)

Engaging in false representations or false advertising that would

misleadingly suggest to a reasonable consumer that a software or other technology conforms to

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CASE NO. 12-CV-1721-LB
[PROPOSED] STIPULATED ORDER OF DISMISSAL
AND CONSENT JUDGMENT

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Twitter’s Terms of Service (including the Twitter Rules) and/or will not result in a Twitter user’s

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account being suspended;

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vi)

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Twitter’s Terms of Use, Rules, or Privacy Policy; and

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Engaging in any activity that violates, or induces others to violate,

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Operating a website at the domain tweetbuddy.com, except as set

forth in the parties’ confidential Settlement Agreement.
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Accordingly, Plaintiff’s claims against Defendant Clark shall be, and hereby are,

DISMISSED WITH PREJUDICE.
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This Court shall retain jurisdiction over this case for purposes of enforcing this

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Stipulated Order of Dismissal and Consent Judgment and the confidential settlement agreement

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between the parties.

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6)

Each party shall bear its own costs and attorneys’ fees.

DATED: May 11, 2012

WILSON SONSINI GOODRICH & ROSATI
s/Charles T. Graves
By: Charles T. Graves

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Attorneys for Plaintiff
TWITTER, INC.

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DATED: May 5, 2012

JUSTIN CLARK
s/Justin Clark
By: Justin Clark

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Defendant
Appearing Pro Se

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IT IS SO ORDERED.

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DATED:

6/11/12
Honorable Laurel Beeler
UNITED STATES MAGISTRATE JUDGE

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CASE NO. 12-CV-1721-LB
[PROPOSED] STIPULATED ORDER OF DISMISSAL
AND CONSENT JUDGMENT

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CERTIFICATION

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I, Charles T. Graves, am the ECF User whose identification and password are being used

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to file the [Proposed] Stipulated Order of Dismissal with Prejudice and Consent Judgment.

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In compliance with General Order 45.X.B, I hereby attest that Justin Clark has concurred in this

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filing.

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DATED: May 11, 2012

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:

s/Charles T. Graves
Charles T. Graves

Attorneys for Plaintiff Twitter, Inc.

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CASE NO. 12-CV-1721-LB
[PROPOSED] STIPULATED ORDER OF DISMISSAL
AND CONSENT JUDGMENT