Nextdoor.com, Inc. v. Abhyanker

Filing 211

STIPULATION AND ORDER re 210 STIPULATION WITH PROPOSED ORDER for Voluntary Dismissal with Prejudice (Abhyanker's) filed by Benchmark Capital Management Co. VII LLC, Benchmark Capital Partners VII, L.P.. Signed by Judge Edward M. Chen on 6/9/14. (bpf, COURT STAFF) (Filed on 6/9/2014)

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LATHAM & WATKINS LLP
Steven M. Bauer (Bar No. 135067)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, California 94111-6538
Telephone: [phone]
Facsimile: +1.415.395.8095
LATHAM & WATKINS LLP
Matthew Rawlinson (Bar No. 231890)
[e-mail]
Adam M. Regoli (Bar No. 262903)
[e-mail]
Julian W. Park (Bar No. 263501)
[e-mail]
140 Scott Drive
Menlo Park, California 94025
Telephone: [phone]
Facsimile: +1.650.463.2600

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Attorneys for Counterdefendants Benchmark
Capital Partners, L.P and Benchmark Capital
Management Co. LLC

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[additional stipulating parties on signature page]

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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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NEXTDOOR.COM, INC., a Delaware
corporation,
Plaintiff,

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vs.
RAJ ABHYANKER, an individual,
Defendant.

CASE NO. 3:12-cv-05667-EMC
STIPULATION AND [PROPOSED] ORDER
FOR VOLUNTARY DISMISSAL WITH
PREJUDICE OF DEFENDANT AND
COUNTERCLAIMANT RAJ ABHYANKER’S
COUNTERCLAIM FOR MISAPPROPRIATION
OF TRADE SECRETS AGAINST
COUNTERDEFENDANTS BENCHMARK
CAPITAL PARTNERS, L.P., BENCHMARK
MANAGEMENT CO., LLC, SANDEEP SOOD,
AND MONSOON ENTERPRISES, INC.

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Case Filed: November 5, 2012

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Judge: Honorable Edward M. Chen

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ATTORNEYS AT LAW
SILICON VALLEY

(Caption continues next page)
STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY
DISMISSAL OF BENCHMARK, SOOD & MONSOON
Case Number: 3:12-cv-05667-EMC

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RAJ ABHYANKER, an individual,

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Counterclaimant,

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vs.
NEXTDOOR.COM, INC., a Delaware
corporation; PRAKASH
JANAKIRAMAN, an individual;
BENCHMARK CAPITAL PARTNERS,
L.P., a Delaware limited partnership;
BENCHMARK CAPITAL
MANAGEMENT CO. LLC,
a Delaware limited liability company;
SANDEEP SOOD, an individual;
MONSOON ENTERPRISES, INC., a
California corporation, and DOES 1-50,
inclusive,

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Counterdefendants.
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ATTORNEYS AT LAW
SILICON VALLEY

STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY
DISMISSAL OF BENCHMARK, SOOD & MONSOON
Case Number: 3:12-cv-05667-EMC

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STIPULATION OF DISMISSAL

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WHEREAS, on April 12, 2013, Defendant and Counterclaimant Raj Abhyanker

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(“Abhyanker”) filed a First Amended Answer and Counterclaims [Dkt. No. 59] (“FACC”),

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asserting a counterclaim for trade secret misappropriation against Sandeep Sood and Monsoon

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Enterprises, Inc. (together, “Monsoon”) and Benchmark Capital Partners, L.P. and Benchmark

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Capital Management Co., LLC (together, “Benchmark”);

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WHEREAS, on August 2, 2013, Monsoon answered the FACC [Dkt. No. 104];

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WHEREAS, on December 5, 2013, Abhyanker filed a Second Amended Answer and

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Counterclaims [Dkt. No. 132] (“SACC”), asserting a counterclaim for trade secret
misappropriation against Monsoon and Benchmark;

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WHEREAS, on June 5, 2014, Benchmark answered the SACC [Dkt. No. 209];

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WHEREAS, Abhyanker wishes to dismiss and release all claims against Monsoon, and

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each of its present and former partners, members, directors, officers, employees, subsidiaries,

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affiliates, predecessors, successors, insurers, attorneys, stockholders and agents (the “Monsoon

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Related Parties”), based on the facts and circumstances alleged in the FACC and SACC;

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WHEREAS, Abhyanker wishes to dismiss and release all claims against Benchmark, and

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each of its present and former partners, members, directors, officers, employees, subsidiaries,

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affiliates, funds, predecessors, successors, insurers, attorneys, stockholders and agents (the

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“Benchmark Related Parties”), based on the facts and circumstances alleged in the FACC and

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SACC;

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Pursuant to Federal Rule of Civil Procedure 41(a), the parties stipulate and agree as
follows:
1. Abhyanker hereby dismisses with prejudice all claims or counterclaims against
Benchmark and Monsoon in the above-captioned action;
2. Abhyanker releases all claims against the Benchmark Related Parties and the

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Monsoon Related Parties, whether known or unknown, based on the facts and

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circumstances set forth in the FACC and SACC;

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ATTORNEYS AT LAW
SILICON VALLEY

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STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY
DISMISSAL OF BENCHMARK, SOOD & MONSOON
Case Number: 3:12-cv-05667-EMC

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3. Abhyanker shall not take any further discovery of Benchmark or Monsoon in the

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above-captioned action, and all pending discovery requests to Benchmark and

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Monsoon, including but not limited to document requests, interrogatories, and

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deposition notices, are hereby withdrawn;

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4. Abhyanker shall have no further obligation to respond to pending discovery requests
promulgated by Benchmark or Monsoon; and

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5. The parties shall bear their own fees and costs.

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IT IS SO STIPULATED.

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Dated: June 6, 2014

Respectfully submitted,

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LEGALFORCE RAJ ABHYANKER, P.C.

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By /s/ Bruno W. Tarabichi
Bruno W. Tarabichi
Heather Norton
Scott J. Allen
Alex Rudd
Brian Orion

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Attorneys for Defendant and
Counterclaimant Raj Abhyanker

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Dated: June 6, 2014

Respectfully submitted,
LATHAM & WATKINS LLP

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By /s/ Matthew Rawlinson
Matthew Rawlinson
Julian W. Park

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Attorneys for Counterdefendants
Benchmark Capital Partners, L.P., and
Benchmark Capital Management Co. LLC

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Dated: June 6, 2014

Respectfully submitted,
ROYSE LAW FIRM, P.C.

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By /s/ Harpeet S. Walia
Harpreet S. Walia
Lisa M. Chapman
Michael Wiesner

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Attorneys for Counterdefendants Sandeep
Sood and Monsoon Enterprises, Inc.

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ATTORNEYS AT LAW
SILICON VALLEY

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STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY
DISMISSAL OF BENCHMARK, SOOD & MONSOON
Case Number: 3:12-cv-05667-EMC

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ATTESTATION
Pursuant to Civil Local Rule 5-1, I certify that I obtained in the filing of this document
the concurrence from all parties whose electronic signatures appear above.

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Dated: June 6, 2014

/s/ Matthew Rawlinson
Matthew Rawlinson

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IT IS SO ORDERED.

6/9/14

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Honorable Edward M.
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ATTORNEYS AT LAW
SILICON VALLEY

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STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY
DISMISSAL OF BENCHMARK, SOOD & MONSOON
Case Number: 3:12-cv-05667-EMC