Malibu Media, LLC v. JOHN DOE subscriber assigned IP address 50.184.78.98

Filing 30

ORDER RE STIPULATION OF DISMISSAL AND RETAINING JURISDICTION TO ENFORCE TERMS OF SETTLEMENT AS MODIFIED by Hon. William Alsup granting 29 Stipulation.(whalc1, COURT STAFF) (Filed on 3/7/2017)

1 Henrik Mosesi, Esq. (SBN: 189672)
Law Offices of Henrik Mosesi
2 433 N. Camden Dr., 6th Floor
Beverly Hills, CA 90210
3 Tel.: [phone]
Fax: [phone]
4 [e-mail]
Attorneys for Plaintiff
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Jonathan Black, SBN 275017
6 Ian Bennett-Goldberg, SBN 271746
Weston Law Group, PC
7
2001 Omega Rd. Ste. 203
8 San Ramon, CA 94583
[phone]
9 Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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San Francisco
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MALIBU MEDIA, LLC,

Case Number: 3:16-cv-00999-WHA

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Plaintiff,
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vs.
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JOHN DOE subscriber assigned IP address
18 50.184.78.98,
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STIPULATION OF DISMISSAL
RETAINING JURISDICTION TO
ENFORCE TERMS OF SETTLEMENT;
[PROPOSED] ORDER
As modified

Defendant.

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Plaintiff Malibu Media, LLC and Defendant John Doe subscriber assigned IP address
50.184.78.98, by their undersigned counsel, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules

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of Civil Procedure, hereby stipulate that all claims asserted against each other in this matter are
hereby dismissed without prejudice.
Plaintiff and Defendant John Doe subscriber assigned IP address 50.184.78.98 settled this

27 matter on or about February 21, 2017;
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STIPULATION OF DISMISSAL WITH PREJUDICE
Case Number: 3:16-cv-00999-WHA

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The settlement agreement between Plaintiff and Defendant call for payment of settlement

2 funds on or before April 3, 2017;
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Plaintiff and Defendant John Doe subscriber assigned IP address 50.184.78.98

4 respectfully request that this Court enter an order dismissing without prejudice all Plaintiff’s and
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Defendant John Doe subscriber assigned IP address 50.184.78.98’s claims and counter-claims
against each other, with each party to bear its own attorneys’ fees and costs;

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Plaintiff and Defendant further request that this Court retain jurisdiction to enforce the

9 terms of the settlement;
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Unless enforcement proceedings are pending, Plaintiff and Defendant stipulate that this

11 case can be dismissed with prejudice on or after April 7, 2017;
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Consistent herewith Plaintiff and Defendant consent to the Court having its case closed
for administrative purposes.

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Respectfully submitted,
/s/ Henrik Mosesi
Henrik Mosesi, Esq.
Law Offices of Henrik Mosesi
433 N. Camden Dr., 6th Floor
Beverly Hills, CA 90210
Tel: [phone]
Email: [e-mail]
Attorney for Plaintiff

/s/ Jonathan Black
Jonathan Black, Esq.
Ian Bennett-Goldberg, SBN 271746
Weston Law Group, PC
2001 Omega Rd. Ste. 203
San Ramon, CA 94583
[phone]

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CERTIFICATE OF SERVICE

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I hereby certify that on March 2, 2017, I electronically filed the foregoing document with
24 the Clerk of the Court using CM/ECF and that service was perfected on all counsel of record and
interested parties through this system.
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By: /s/ Henrik Mosesi
Henrik Mosesi

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STIPULATION OF DISMISSAL WITH PREJUDICE
Case Number: 3:16-cv-00999-WHA

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The Court having considered the stipulation of the parties, and good cause appearing

2 therefor, orders the following:
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1. The complaint and counter-claim is dismissed without prejudice pursuant to
FRCP 41(a)(1)(A)(ii);
2. Each party to bear their own costs and attorney’s fees;
3. The Court shall retain jurisdiction over this matter to enforce the terms of the

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settlement agreement; for six months.
4. Unless proceedings to enforce the terms of the settlement agreement are

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pending, this case will be treated for all purposes as dismissed with prejudice

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after April 7, 2017, without further order of court.

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Date: March 7, 2017.

__________________________

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United States District Judge
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STIPULATION OF DISMISSAL WITH PREJUDICE
Case Number: 3:16-cv-00999-WHA