Shutterfly, Inc. v. Foreverparts, Inc. et al

Filing 19

ORDER STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANTS HENRY (JINGBO) ZHENG AND FOREVERARTS, INC.;, Motions terminated: 18 STIPULATION WITH PROPOSED ORDER STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANTS HENRY (JINGBO) ZHENG AND FOREVERARTS, INC.; [PROPOSED] ORDER filed by Shutterfly, Inc... Signed by Judge Susan Illston on 7/25/12. (tfS, COURT STAFF) (Filed on 7/26/2012)

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DURIE TANGRI LLP
DARALYN J. DURIE (SBN 169825)
[e-mail]
JOSHUA H. LERNER (SBN 220755)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-236-6300
Attorneys for Plaintiff
SHUTTERFLY, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SHUTTERFLY, INC.,

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Case No. 3:12-cv-03671-SI
Plaintiff,

v.
FOREVERARTS, INC., HENRY ZHENG (AKA
JINGBO ZHENG),

STIPULATED PERMANENT INJUNCTION
AGAINST DEFENDANTS HENRY (JINGBO)
ZHENG AND FOREVERARTS, INC.;
[PROPOSED] ORDER
Ctrm: 10, 19th Floor
Judge: The Honorable Susan Illston

Defendants.

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STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANTS HENRY (JINGBO) ZHENG AND
FOREVERARTS, INC.; [PROPOSED] ORDER / CASE NO. 3:12-CV-03671-SI

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Pursuant to Local Rules 6-2 and 7-12, and Fed. R. Civ. P. 65(d), Plaintiff SHUTTERFLY, INC.

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(“Plaintiff”) on the one hand, and Defendants FOREVERARTS, INC. and HENRY (JINGBO) ZHENG

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(“Defendants”) on the other hand, through their counsel, HEREBY STIPULATE AND REQUEST

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THAT THE COURT ENTER AN ORDER as follows:

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WHEREAS, on July 13, 2012, Plaintiff moved this Court ex parte for a temporary

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restraining order, an order to show cause re: preliminary injunction, and for expedited discovery against

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Defendants;

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WHEREAS, this Court granted Plaintiff’s motion on July 13, 2012;

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WHEREAS, Plaintiff and Defendants have entered into a Settlement Agreement in order

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to resolve the Claims without necessity of further litigation, expenditure of any further resources in

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litigation, and without admission of any kind regarding the merits of any claim or defense;

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other things, having the Court enter a permanent injunction against Defendants.
NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS:

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WHEREAS, Plaintiff and Defendants also now wish to resolve this matter by, among

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Computer Code: “Shutterfly Code” refers to computer code, in source or executable form,

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written by any employee, agent, independent contractor, or other person working for or in collaboration

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with Shutterfly. Defendants will return to Shutterfly one copy of any and all Shutterfly Code in their

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possession within ten (10) days of the date of this agreement. This return obligation extends to, without

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limitation, Shutterfly Code Defendants took, copied, downloaded from a website or computer, or

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obtained in any other manner, at any time. In addition, Defendants then will delete any and all Shutterfly

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Code in their possession or control. As of the date of this agreement, and forever after that date,

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Defendants will cease and desist any use of Shutterfly Code for any purpose whatsoever.

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2.

Shutterfly Confidential Information: “Shutterfly Confidential Information” refers to

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information in any form, including, without limitation, documents or electronic information, that pertains

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to Shutterfly or its products, services, or any present or future plans or operations and which is not freely

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available to the general public. Within ten (10) days of the date of this agreement Defendants will return

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to Shutterfly one copy of any and all Shutterfly Confidential Information in their possession or control.

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Within the same period of time, Defendants will then delete any and all Shutterfly Confidential
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STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANTS HENRY (JINGBO) ZHENG AND
FOREVERARTS, INC.; [PROPOSED] ORDER / CASE NO. 3:12-CV-03671-SI

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Information in their possession or control that are not delivered to Shutterfly. Further, to the extent

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Defendants retain Shutterfly Confidential Information in their memory, they will not use Shutterfly

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Confidential Information for their own purposes or to the detriment of Shutterfly.

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3.

Foreverarts.com: As of the date of this agreement, Defendants will cease operation of

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foreverarts.com immediately and forever. Defendant also will not start another website that uses

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Shutterfly Code or Shutterfly Confidential Information.

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4.

Yinquduo.com: Defendants will cease operation of yinquduo.com immediately and

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forever. Defendant also will not start another website that uses Shutterfly Code or Shutterfly

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Confidential Information.

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STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANTS HENRY (JINGBO) ZHENG AND
FOREVERARTS, INC.; [PROPOSED] ORDER / CASE NO. 3:12-CV-03671-SI

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THE PARTIES FURTHER AGREE AND STIPULATE to jurisdiction and venue in the

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United States District Court for the Northern District of California for any claim of any violation of the

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above referenced Settlement Agreement and/or any claim of any violation of the terms of this Permanent

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Injunction.

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Dated: July 24, 2012

Respectfully submitted,

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DURIE TANGRI LLP

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/s/ Joshua H. Lerner
JOSHUA H. LERNER

By:

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Attorneys for Plaintiff
SHUTTERFLY, INC.

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ORRICK, HERRINGTON & SUTCLIFFE
LLP

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By:

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Attorneys for Defendants FOREVERARTS, INC.
and HENRY ZHENG (AKA JINGBO ZHENG)

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/s/ Zheng Liu
ZHENG LIU

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: July ____, 2012

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___________________________________________
UNITED STATES DISTRICT JUDGE
SUSAN ILLSTON

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FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Joshua H. Lerner, attest

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that concurrence in the filing of this document has been obtained.

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Dated: July 24, 2012

/s/ Joshua H. Lerner
JOSHUA H. LERNER

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STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANTS HENRY (JINGBO) ZHENG AND
FOREVERARTS, INC.; [PROPOSED] ORDER / CASE NO. 3:12-CV-03671-SI

PROOF OF SERVICE

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I am a citizen of the United States and resident of the State of California. I am employed

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in San Francisco County, State of California, in the office of a member of the bar of this Court, at

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whose direction the service was made. I am over the age of eighteen years, and not a party to the

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within action. My business address is 217 Leidesdorff Street, San Francisco, CA 94111.

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On July 24, 2012, I served the following documents in the manner described below:
STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANTS
HENRY (JINGBO) ZHENG AND FOREVERARTS, INC.; [PROPOSED]
ORDER

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(BY MESSENGER SERVICE) by consigning the document(s) to an authorized
courier and/or process server for hand delivery on this date.

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(BY OVERNIGHT MAIL) I am personally and readily familiar with the business
practice of Durie Tangri LLP for collection and processing of correspondence for
overnight delivery, and I caused such document(s) described herein to be
deposited for delivery to a facility regularly maintained by Federal Express for
overnight delivery.

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(BY U.S. MAIL) I am personally and readily familiar with the business practice
of Durie Tangri LLP for collection and processing of correspondence for mailing
with the United States Postal Service, and I caused such envelope(s) with postage
thereon fully prepaid to be placed in the United States Postal Service at San
Francisco, California.

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BY ELECTRONIC SERVICE: By electronically mailing a true and correct copy
through Durie Tangri’s electronic mail system from
[e-mail] to the email addresses set forth below.
(BY PERSONAL DELIVERY) I caused such envelope to be delivered by hand to
the offices of each addressee below.

On the following part(ies) in this action:
Zheng (Jen) Liu
Orrick, Herrington & Sutcliffe LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Email: [e-mail]
Tel: [phone]
Fax: [phone]
Counsel for Defendants
FOREVERARTS, INC. and HENRY ZHENG (AKA JINGBO ZHENG)

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PROOF OF SERVICE
CASE NO. 3:12-CV-03671-SI

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on July 24, 2012, at San Francisco, California.

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/s/ Sarka Trenciansky
Sarka Trenciansky

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PROOF OF SERVICE
CASE NO. 3:12-CV-03671-SI