Adbrite, Inc. v. Earthquake Media LLC
Filing
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ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 11/18/2013. (beS, COURT STAFF) (Filed on 11/18/2013)
Case3:12-cv-04581-CRB Document50 Filed11/13/13 Page1 of 5
1 MARK L. LASSER (State Bar No. 194938)
LASSER LAW OFFICE
2 1966 Pacific Avenue, Ste 102, San Francisco, CA 94109
3 Telephone: (415) 261-8519
Attorneys for Plaintiff ADBRITE
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5 Daniel C. Marotta, Esq. (DM-2581)
GABOR & MAROTTA LLC
6 1878 Victory Boulevard
Staten Island, New York 10314
7 TEL: (718) 390-0555
Attorneys for Defendant Earthquake Media, LLC.
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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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13 ADBRITE, Inc.
CASE NO.: 12-cv-04581 CRB
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Plaintiff,
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vs.
STIPULATED SETTLEMENT
AGREEMENT AND
ORDER OF DISMISSAL
17 EARTHQUAKE MEDIA, LLC.
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Defendant.
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______________________________________________________________________________
28 STIPULATED SETTLEMENT AGREEMENT AND [PROPOSED] ORDER OF
DISMISSAL;
Adbrite, Inc. v. Earthquake Media, LLC; 12-cv-04581 CRB
Case3:12-cv-04581-CRB Document50 Filed11/13/13 Page2 of 5
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Pursuant to Civil L.R. 7-12, this Stipulated Settlement Agreement is entered into by and
2 between Plaintiffs ADBRITE, Inc. and Defendant EARTHQUAKE MEDIA, LLC:
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WHEREAS, on July 31, 2012 Plaintiff filed a Complaint for breach of contract.
WHEREAS, on November 9, 2012, Defendant filed an Answer to the Complaint;
WHEREAS, on November 9, 2012, Defendant filed Counterclaims for damages;
WHEREAS, after engaging in mediation, Plaintiff and Defendant agree to resolve the
8 dispute between them;
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NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1.
Defendant shall pay to Plaintiff the sum of TWO THOUSAND FIVE HUNDRED
DOLLARS ($2,500.00) (“Settlement Check”), payable to Lasser Law Office, at attorneys for
ADBRITE, Inc., for settlement of all claims.
2.
Upon receipt of the Settlement Check, Plaintiff will release and forever discharge
16 Defendant and its related entities and their officers, directors, managers, stockholders,
17 employees, representatives, attorneys, underwriters, insurers, successors, agents and assigns from
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any and all claims, demands, actions, causes of action, liabilities, judgments, liens, third party
lawsuits, obligations, promises, costs, expenses (including, but not limited to, attorneys fees),
losses, damages and charges of whatever nature, whether direct, consequential or incidental,
22 whether known or unknown, suspected or unsuspected, fixed or contingent, whether filed or
23 unfiled, prosecuted or not prosecuted, which Plaintiff now has or claims or in the future may
24 have or claim to have relating to any claims in the Complaint.
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3.
Defendant agrees to release and forever discharge Plaintiff and its related entities
and their officers, directors, managers, stockholders, employees, representatives, attorneys,
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STIPULATED SETTLEMENT AGREEMENT AND [PROPOSED] ORDER OF
28 DISMISSAL;
Adbrite, Inc. v. Earthquake Media, LLC; 12-cv-04581 CRB
Case3:12-cv-04581-CRB Document50 Filed11/13/13 Page3 of 5
1 underwriters, insurers, successors, agents and assigns from any and all claims, demands, actions,
2 causes of action, liabilities, judgments, liens, third party lawsuits, obligations, promises, costs,
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expenses (including, but not limited to, attorneys fees), losses, damages and charges of whatever
nature, whether direct, consequential or incidental, whether known or unknown, suspected or
unsuspected, fixed or contingent, whether filed or unfiled, prosecuted or not prosecuted, which
7 Plaintiff now has or claims or in the future may have or claim to have relating to any claims in
8 the Counterclaims.
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4.
The parties expressly waive the provisions of Section 1542 of the California Civil
Code, which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor.”
5.
The parties acknowledge that different or additional facts may be discovered in
15 addition to what each party now knows or believes to be true with respect to the matters herein
16 released, and that each party agrees that this General Release shall be and remain in effect in all
17 respects as complete and final releases of the matters released, notwithstanding any different or
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additional facts.
6.
This Agreement constitutes the complete settlement of this matter between
Plaintiff and Defendant, contains the entire agreement between the parties and supersedes any
22 and all prior oral or written agreements or understandings between the parties, and may not be
23 altered, amended or modified, except in a suitable writing signed by the parties.
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7.
Upon approval of this Stipulated Settlement Agreement by the Court, all counts of
25 Plaintiff’s Complaint and Defendant’s Counterclaims shall be dismissed with prejudice.
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STIPULATED SETTLEMENT AGREEMENT AND [PROPOSED] ORDER OF
28 DISMISSAL;
Adbrite, Inc. v. Earthquake Media, LLC; 12-cv-04581 CRB
Case3:12-cv-04581-CRB Document50 Filed11/13/13 Page4 of 5
1 Dated: November 4, 2013
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Respectfully submitted,
___/s/ Mark L. Lasser__________
MARK L. LASSER (State Bar No. 194938)
LASSER LAW OFFICE
1966 Pacific Avenue, Ste. 102, San Francisco,
CA 94109
Telephone: (415) 261-8519
Attorneys for Plaintiff
__/s/ Daniel C. Marotta _______
Daniel C. Marotta, Esq. (DM-2581)
GABOR & MAROTTA LLC
1878 Victory Boulevard
Staten Island, New York 10314
TEL: (718) 390-0555
Attorneys for Defendant
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STIPULATED SETTLEMENT AGREEMENT AND [PROPOSED] ORDER OF
28 DISMISSAL;
Adbrite, Inc. v. Earthquake Media, LLC; 12-cv-04581 CRB
Case3:12-cv-04581-CRB Document50 Filed11/13/13 Page5 of 5
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ER
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er
R. Brey
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NO
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harles
Judge C
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DERED
O OR
IT IS S
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By: ______________________________
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Dated: November 18, 2013
S DISTRICT
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and Defendant’s Counterclaims are dismissed with prejudice.
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PURSUANT TO STIPULATION, IT IS SO ORDERED that this Plaintiff’s Complaint
UNIT
ED
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ORDER
N
D IS T IC T
R
OF
C
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STIPULATED SETTLEMENT AGREEMENT AND [PROPOSED] ORDER OF
28 DISMISSAL;
Adbrite, Inc. v. Earthquake Media, LLC; 12-cv-04581 CRB
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