Nextdoor.com, Inc. v. Abhyanker

Filing 226

STIPULATION AND ORDER re 224 STIPULATION WITH PROPOSED ORDER Dismissing Remaining Counterclaims With Prejudice filed by Raj Abhyanker. Signed by Judge Edward M. Chen on 6/17/14. (bpf, COURT STAFF) (Filed on 6/17/2014)

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BRUNO W. TARABICHI, CA State Bar No. 215129
[e-mail]
HEATHER R. NORTON, CA State Bar No. 257014
[e-mail]
SCOTT J. ALLEN, CA State Bar No. 178925
[e-mail]
LEGALFORCE RAJ ABHYANKER, P.C.
1580 W. El Camino Real, Suite 13
Mountain View, California 94040
Telephone: [phone]
Facsimile: 650.989.2131
Attorneys for Defendant and Counterclaimant
Raj Abhyanker
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.

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STIPULATION AND [PROPOSED]
ORDER FOR VOLUNTARY DISMISSAL
WITH PREJUDICE OF DEFENDANT AND
COUNTERCLAIMANT RAJ
ABHYANKER’S COUNTERCLAIMS
AGAINST COUNTERDEFENDANTS
NEXTDOOR.COM, INC. AND PRAKASH
JANAKIRAMAN

RAJ ABHYANKER, an individual

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Case No. 3:12-cv-05667-EMC

Counterclaimant,

Case Filed: November 5, 2012
Judge: Honorable Edward M. Chen

vs.
NEXTDOOR.COM, INC., a Delaware
corporation; and PRAKASH
JANAKIRAMAN, an individual;
Counterdefendants.

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STIPULATION OF DISMISSAL

3:12-cv-05667-EMC

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Plaintiffs/Counterdefendants Nextdoor.com, Inc. (“Nextdoor.com”) and Prakash

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Janakiraman (“Janakiraman”) and Defendant/Counterclaimant Raj Abhyanker (“Abhyanker”),

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through their counsel of record, hereby stipulate and agree, and request the Court to enter, the

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following Order resolving Abhyanker’s counterclaims in this matter.

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1.

On December 5, 2013, Abhyanker filed a Second Amended Answer and

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Counterclaims [Dkt. No. 132] (“SACC”), asserting counterclaims for trade secret

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misappropriation against Nextdoor.com and Janakiraman, and trademark infringement,

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infringement of an unregistered mark, and California unfair competition against Nextdoor.com.

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2.

On May 8, 2014, Nextdoor.com and Abhyanker stipulated to a dismissal of

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Abhyanker’s trademark infringement counterclaim, and to entry of judgment on Nextdoor.com’s

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claim for declaratory judgment that it has established trademark rights, including priority of use,

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of the NEXTDOOR Mark in the field of online social networking [Dkt. 188].

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3.

Abhyanker, on behalf of himself and any entities he controls, now or in the future,

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wishes to dismiss with prejudice and forever release all remaining counterclaims against

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Nextdoor.com and Janakiraman.

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4.

Each party preserves the right to move for or oppose an award of attorneys’ fees

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and costs with respect to the matters dismissed and adjudicated by this Order at an appropriate

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time in this action and to present any and all admissible evidence with respect to such a motion.

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5.

Nothing in this Stipulation shall be construed as an admission of liability or

wrongdoing of any kind by any of the parties hereto.

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STIPULATION OF DISMISSAL

3:12-cv-05667-EMC

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Stipulated and agreed to this 13th day of June 2014.

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/s/ Bruno W. Tarabichi
Bruno W. Tarabichi
Heather R. Norton
Scott J. Allen
Attorneys for Defendant
Raj Abhyanker

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/s/

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Ilana Rubel
FENWICK & WEST LLP
Ilana Rubel
Attorneys for Plaintiffs and
Counterdefendants Nextdoor.com, Inc.
and Prakash Janakiraman

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ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that all signatories to this filing have
provided their consent to this filing.
/s/ Bruno W. Tarabichi
Bruno W. Tarabichi

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STIPULATION OF DISMISSAL

3:12-cv-05667-EMC

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[PROPOSED] ORDER

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In accordance with the stipulation of the parties, and for good cause shown, the Court
hereby orders, adjudges and decrees that:

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1.

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dismissed with prejudice.

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2.

Counterclaimant Raj Abhyanker’s claim of trade secret misappropriation is hereby

Counterclaimant Raj Abhyanker’s claims of trademark infringement, to the extent not

already dismissed pursuant to the Court’s Entry of Partial Dismissal, Dkt. 192, are hereby
dismissed with prejudice.

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3.

Counterclaimant Raj Abhyanker’s claim of California Unfair Competition is hereby

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dismissed with prejudice.

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IT IS SO ORDERED.

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D

RDERE

OO
IT IS S

R NIA

UNIT
ED

17th
ENTERED this _________ day of June, 2014.

S DISTRICT
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HON. EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
n
M. Che
Edward
Judge

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STIPULATION OF DISMISSAL

3:12-cv-05667-EMC

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CERTIFICATE OF SERVICE
Case No. 12-CV-4413YGR