One Pica, Inc. v. Racing The Planet, ltd

Filing 29

ORDER GRANTING STIPULATION 28 WITHDRAWING Motion to Strike 21 . Case Management Conference is continued to 5/28/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 4/16/14. (lmh, COURT STAFF) (Filed on 4/16/2014)

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Omar Jabbour, Esq. (SBN 214784)
Julie I. Vinogradsky, Esq. (SBN 267299)
AmazethHolding Corporation
550 15 Street, Suite 21
San Francisco, CA 94103
Attorneys for Plaintiff
ONE PICA, INC.

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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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ONE PICA, INC., a Massachusetts
Corporation,

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Plaintiff,

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v.

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RACING THE PLANET, LTD., a Hong
Kong Local Limited Company,

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Defendant.

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_____________________________________
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RACING THE PLANET, LTD., a Hong
Kong Local Limited Company,

Case No. 3:13-cv-05679 NC
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
WITHDRAW DEFENDANT AND
COUNTERCLAIMANT
RACINGTHEPLANET LIMITED’S
SPECIAL MOTION TO STRIKE
PLAINTIFF AND
COUNTERDEFENDANT ONE PICA,
INC.’S DEFAMATION AND TRADE
LIBEL CLAIMS AND AWARDING
ATTORNEYS’ FEES.
Hon. Nathanael Cousins

Counterclaimant,

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v.

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ONE PICA, INC., a Massachusetts
Corporation,

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Counterdefendant.
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STIPULATION AND [PROPOSED] ORDER RE: CMC
CASE NO. 3:13-cv-05679 NC
\\003197/000003 - 1088742 v1

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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Plaintiff and Defendant (collectively, the “Parties”), by and through their respective

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counsel, hereby stipulate to the following and ask the Court to enter the Proposed Order as set

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forth below:

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1.

On March 13, 2014, the Parties filed a joint stipulation to continue the initial Case

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Management Conference to April 23, 2014 because the Parties had been engaged in

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settlement discussions.

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2.

Case Management Conference for April 23, 2014 at 1:00 p.m.

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On March 13, 2014, the Court granted the Parties’ joint stipulation and set the initial

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On April 14, 2014, the Parties executed a binding settlement term sheet and are

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currently in the process of drafting a final settlement agreement that will result in a

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complete dismissal of all claims and counterclaims in this action.

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4.

Pursuant to the terms of the binding settlement term sheet, Defendant

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RacingThePlanet,

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RacingThePlanet Limited’s Special Motion to Strike Plaintiff and Counterdefendant

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One Pica, Inc.’s Defamation and Trade Libel Claims and Request for an Award of

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Attorneys’ Fees.

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5.

Limited

withdraws

Defendant

and

Counterclaimant

The Parties jointly request that the initial Case Management Conference be

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continued to May 28, 2014 at 10:00 a.m to provide time for the parties to finalize

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their settlement and dismiss the case; and

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6.

The Parties jointly request that Defendant and Counterclaimant RacingThePlanet

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Limited’s Special Motion to Strike Plaintiff and Counterdefendant One Pica, Inc.’s

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Defamation and Trade Libel Claims and Request for an Award of Attorneys’ Fees be

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withdrawn, and the hearing scheduled for April 23, 2014 be taken off the Court’s

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calendar.

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IT IS HEREBY STIPULATED, by and between the parties through their respective

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counsel, that: (1) the initial Case Management Conference shall be continued to May 28, 2014 at
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STIPULATION AND [PROPOSED] ORDER RE: CMC
CASE NO. 3:13-cv-05679 NC

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10:00 a.m.; and (2) Defendant and Counterclaimant RacingThePlanet Limited’s Special Motion

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to Strike Plaintiff and Counterdefendant One Pica, Inc.’s Defamation and Trade Libel Claims

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and Request for an Award of Attorneys’ Fees, shall be withdrawn, and the hearing scheduled for

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April 23, 2014 be taken off the Court’s calendar.

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IT IS SO STIPULATED.

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Dated: April 16, 2014

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HOGAN LOVELLS US LLP
By:

/s/ Clark S. Stone
Clark S. Stone
Attorneys for Defendant
RACINGTHEPLANET LIMITED

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Dated: April 16, 2014

AMAZE HOLDING CORPORATION
By:

/s/ Omar Jabbour
Omar Jabbour
Attorneys for Plaintiff
ONE PICA, INC.

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***

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STIPULATION AND [PROPOSED] ORDER RE: CMC
CASE NO. 3:13-cv-05679 NC

ATTESTATION

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I, Omar Jabbour, am the ECF user whose identification and password are being used to

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file the instant document. Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that all counsel

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whose electronic signatures appear above provided their authority and concurrence to file this

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document.

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/s/ Omar Jabbour
Attorney for One Pica, Inc.

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STIPULATION AND [PROPOSED] ORDER RE: CMC
CASE NO. 3:13-cv-05679 NC

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS THE ORDER OF THIS COURT that: (1) the

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initial Case Management Conference shall be continued to May 28, 2014 at 10:00 a.m.; (2)

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Defendant and Counterclaimant RacingThePlanet Limited’s Special Motion to Strike Plaintiff

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and Counterdefendant One Pica, Inc.’s Defamation and Trade Libel Claims and Request for an

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Award of Attorneys’ Fees, shall be withdrawn, and the hearing scheduled for April 23, 2014 be

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taken off the Court’s calendar.

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IT IS SO ORDERED.

THE HON. NATHANAEL M. COUSINS
UNITED STATES MAGISTRATE JUDGE

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__________________________________________
ANTED

thanael
Judge Na

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M. Cousin

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Dated: _______________________
April 16, 2014

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STIPULATION AND [PROPOSED] ORDER RE: CMC
CASE NO. 3:13-cv-05679 NC