Theta Chi Fraternity, Inc. v. Alumni Association Of Chi Theta Chi House

Filing 16

STIPULATION AND ORDER TO DISMISS WITH PREJUDICE re 15 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND [PROPOSED] ORDER TO DISMISS WITH PREJUDICE filed by Theta Chi Fraternity, Inc., Alumni Association Of Chi Theta Chi House. Signed by Judge Jacqueline Scott Corley on January 15, 2013. (wsn, COURT STAFF) (Filed on 1/15/2013)

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Robert N. Phillips (SBN 120970)
Tiffany M. Bui (SBN 281339)
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Email: [e-mail]
Email: [e-mail]
Telephone:
Facsimile:

[phone]
[phone]

Attorneys for Defendant
Alumni Association of Chi Theta Chi House

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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SAN FRANCISCO DIVISION

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Theta Chi Fraternity, Inc.,
Plaintiffs,

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vs.

Case No. C-12-5942-JSC
JOINT STIPULATION AND
[PROPOSED] ORDER TO DISMISS
WITH PREJUDICE

Alumni Association of Chi Theta Chi House,
a/k/a Chi Theta Chi, and Does 1 through 50,

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Defendants.

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Case No. C-12-5942-JSC

US_ACTIVE-111579225.2

JOINT STIPULATION TO DISMISS WITH PREJUDICE

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Pursuant to Rule 41(a)(1)(A) and (B) of the Federal rules of Civil Procedure, the parties
hereby jointly stipulate to dismiss all claims in this action WITH PREJUDICE, as follows:
WHEREAS, on October 30, 2012, Plaintiff Theta Chi Fraternity, Inc. (“Theta Chi”) filed a

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Complaint, asserting various claims against Defendant Alumni Association of Chi Theta Chi House

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(“Alumni Association”), including: federal trademark infringement, federal trademark dilution, state

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trademark dilution, unfair competition, and misappropriation;

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WHEREAS, on November 20, 2012, Alumni Association removed this action from the Santa

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Clara County Superior Court, to the United States District Court for the Northern District of

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California;

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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WHEREAS, on December 3, 2012, this Court entered an order granting Alumni Association

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an extension of time to respond to initial complaint to January 14, 2013, in order to allow the parties

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to engage in settlement negotiations;

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WHEREAS, the parties were subsequently able to reach an agreement settling all claims in
this litigation and have entered into a settlement agreement;

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NOW THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED, by and between

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the parties, that all claims by the parties in this litigation be DISMISSED WITH PREJUDICE, each

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side to bear their own attorneys’ fees and costs.

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The parties further stipulate that this Court shall retain jurisdiction to enforce the parties’
settlement agreement as necessary and to the fullest extent provided by law.

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Dated: January 14, 2013

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By:

/s/ Robert N. Phillips
Robert N. Phillips, Cal. Bar No. 120970
Tiffany M. Bui, Cal. Bar No. 281339
Reed Smith LLP
101 Second Street, Suite 1800
San Francisco, California 94105-3659
Email: [e-mail]
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Alumni Association of Chi Theta Chi House

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Case No. C-12-5942-JSC

-1JOINT STIPULATION TO DISMISS WITH PREJUDICE

US_ACTIVE-111579225.2

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Dated: January 14, 2013

By:

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Raoul D. Kennedy
Raoul D. Kennedy, Cal. Bar. No. 40892
James P. Schaefer, Cal. Bar. No. 250417
Skadden, Arps, Slate, Meagher & Flom LLP
525 University Avenue, Suite 1100
Palo Alto, California 94301
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Christopher G. Oprison
Pro Hac Vice application pending
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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William W. Palmer, Cal. Bar. No. 146404
Law Offices of William W. Palmer
575 University Ave. #100
Sacramento, California 95825
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
Theta Chi Fraternity, Inc.

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ATTESTATION OF CONCURRENCE

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I, Robert N. Phillips, attest that I am one of the attorneys for Defendant Alumni Association
of Chi Theta Chi House, and, as the ECF user and filer of this document, I attest that, pursuant to
United States District Court, Northern District of California Civil L.R. 5-1(i)(3), concurrence in the
filing of this document has been obtained from Counsel for Plaintiff Theta Chi Fraternity, Inc.
Dated: January 14, 2013

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By:

/s/ Robert N. Phillips
Robert N. Phillips

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Case No. C-12-5942-JSC

-2JOINT STIPULATION TO DISMISS WITH PREJUDICE

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[PROPOSED ORDER
RE: DISMISSAL WITH PREJUDICE

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The Court, having reviewed the above Stipulation, and GOOD CAUSE APPEARING
THEREFOR, hereby orders as follows:

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IT IS HEREBY ORDERED THAT:

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Pursuant to the Joint Stipulation of the parties, all claims in this litigation are hereby

and to the fullest extend provided by law.

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Jud

c ot t C o

H

ER

eline S
ge J a c qu

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rley

R NIA

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UNIT
ED

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__________________________________________
D
HONORABLE JACQUELINE SCOTT CORLEY
RDERE
UNITED IS SO OMAGISTRATE JUDGE
STATES
IT

RT

REED SMITH LLP

Dated: January 15, 2013

S DISTRICT
TE
C
TA

RT
U
O

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NO

A limited liability partnership formed in the State of Delaware

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FO

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The Court shall retain jurisdiction to enforce the parties’ Settlement Agreement as necessary

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DISMISSED WITH PREJUDICE, each party to bear its own attorneys’ fees and costs.

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F
D IS T IC T O
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Case No. C-12-5942-JSC

-1JOINT STIPULATION TO DISMISS WITH PREJUDICE

US_ACTIVE-111579225.2