Lagree Technologies, Inc. et al v. Spartacus 20th L.P. et al

Filing 147

STIPULATION AND ORDER re 146 STIPULATION WITH PROPOSED ORDER Dismissing the Present Action with Prejudice filed by Maximum Fitness Incorporated, Sebastien Lagree, SPX Fitness, Inc., Lagree Technologies, Inc., Lagree Fitness, Inc. Signed by Judge Jon S. Tigar on January 11, 2018. (wsn, COURT STAFF) (Filed on 1/11/2018)

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William A. Delgado (Bar No. 222666)
[e-mail]
WILLENKEN WILSON LOH & DELGADO LLP
707 Wilshire Blvd., Suite 3850
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

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Chad E. Ziegler (Admitted Pro Hac Vice)
[e-mail]
Edward K. Runyan (Admitted Pro Hac Vice)
[e-mail]
Michelle G. Breit (Bar No. 133143)
[e-mail]
NEUSTEL LAW OFFICES, LTD
2534 South University Drive, Suite 4
Fargo, North Dakota 58103
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and Counterclaim Defendants
LAGREE TECHNOLOGIES, INC., LAGREE FITNESS, INC.,
MAXIMUM FITNESS INCORPORATED, SEBASTIEN LAGREE and SPX FITNESS, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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LAGREE TECHNOLOGIES, INC.,
LAGREE FITNESS, INC., MAXIMUM
FITNESS INCORPORATED, AND
SEBASTIEN LAGREE,

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Plaintiffs,

CASE NO.: 3:17-CV-00795-JST

PARTIES’ STIPULATION OF DISMISSAL
OF THE PRESENT ACTION WITH
PREJUDICE AND [PROPOSED] ORDER.

v.
SPARTACUS 20TH L.P., SPARTACUS
20TH G.P., INC., PHILIP R. PALUMBO,
JAKOB IRION, BODYROK
FRANCHISE, L.P., BODYROK
FRANCHISE G.P., INC., EXERCISE
TECHNOLOGIES, L.P., BODYROK
MARINA, LP., SCULPT FITNESS
BERKELEY, LLC, SPARTACUS
LOMBARD, L.P., AND DOES 1
THROUGH 10, INCLUSIVE,
Defendants.

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SPARTACUS 20TH L.P., SPARTACUS
20TH G.P., INC., PHILIP R. PALUMBO,
JAKOB IRION, BODYROK
FRANCHISE, L.P., BODYROK
FRANCHISE G.P., INC., EXERCISE
TECHNOLOGIES, L.P., BODYROK
MARINA, L.P., SCULPT FITNESS
BERKELEY, LLC, AND SPARTACUS
LOMBARD, L.P.,
Counterclaim Plaintiffs,
v.
LAGREE TECHNOLOGIES, INC.,
LAGREE FITNESS, INC., MAXIMUM
FITNESS INCORPORATED, AND
SEBASTIEN LAGREE, SPX FITNESS,
INC., AND ROES 1-10, INCLUSIVE
Counterclaim Defendants.

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TO THE HONORABLE JON S. TIGAR AND THE CLERK OF THE COURT:

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Pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii), and per the Court’s

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December 2, 2017 order (ECF 139), Plaintiffs and Counterclaim Defendants LAGREE
TECHNOLOGIES, INC., LAGREE FITNESS, INC., MAXIMUM FITNESS

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INCORPORATED, SEBASTIEN LAGREE, and SPX FITNESS, INC., and Defendants and
Counterclaim Plaintiffs SPARTACUS 20TH L.P., SPARTACUS 20TH G.P., INC., PHILIP P.

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PALUMBO, JAKOB IRION, BODYROK FRANCHISE, L.P., BODYROK FRANCHISE G.P.,

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INC., EXERCISE TECHNOLOGIES, L.P., BODYROK MARINA, L.P., SCULPT FITNESS

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BERKELEY, LLC, and SPARTACUS LOMBARD, L.P. (collectively, the “Parties”), stipulate

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as follows:

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WHEREAS, during the Settlement Conference held on October 5, 2017, the Parties
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reached a binding agreement (“Settlement Agreement”) to settle and dismiss the entirety of

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the present action in consideration of the negotiated terms read into the record by Magistrate

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Judge Donna M. Ryu, and agreed to by the Parties and their counsel, at the conclusion of said
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Conference (“October 5, 2017 Settlement Conference Transcript”)
WHEREAS, on January 8, 2018, the Parties signed an Addendum Agreement on
confidentiality and transferability of the Settlement Agreement.
WHEREAS, on January 10, 2018, Judge Ryu granted the Parties stipulation regarding

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sealing the October 5, 2017 Settlement Conference Transcript and redacting the terms of the

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Settlement Agreement from the version of the Transcript that will become publicly accessible

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through the Court’s PACER service.

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WHEREAS, the Parties agree that this Court shall retain jurisdiction of any action to
enforce the terms of the Settlement Agreement and the Addendum Agreement.
NOW, THEREFORE, the Parties, by and through their respective counsel, hereby

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stipulate and agree to the dismissal of this action with prejudice, including all claims and

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counterclaims stated herein against any and all parties, with each party bearing its own attorney’s

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fees and costs.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: January 11, 2018

Neustel Law Offices, LTD
/s/ Chad E. Ziegler
Chad E. Ziegler (Pro Hac Vice)
Edward K. Runyan (Pro Hac Vice)
Michelle G. Breit (Bar No. 133143)

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Attorneys for Plaintiffs and Counterdefendants, LAGREE TECHNOLOGIES,
INC., LAGREE FITNESS, INC.,
MAXIMUM FITNESS INCORPORATED,
SEBASTIEN LAGREE, and SPX FITNESS,
INC.

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Dated: January 11, 2018

Gordon Rees Scully Mansukhani, LLP
/s/ Robert P. Andris
Robert P. Andris (SBN: 130290)
Michael D. Kanach (SBN: 271215)
Kevin W. Alexander (SBN: 175204)

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Attorneys for Defendants and Counterplaintiffs, SPARTACUS 20TH L.P.,
SPARTACUS 20TH G.P., INC.,
PHILIP R. PALUMBO,
JAKOB IRION,
BODYROK FRANCHISE, L.P.,
BODYROK FRANCHISE, G.P., INC.,
EXERCISE TECHNOLOGIES, L.P.,
BODYROK MARINA, LP.
SCULPT FITNESS BERKELEY, LLC, and
SPARTACUS LOMBARD, L.P.

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ORDER OF DISMISSAL

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Pursuant to the stipulation of the Parties under Federal Rule of Civil Procedure

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41(a)(1)(A)(ii), IT IS ORDERED THAT THIS ACTION IS HEREBY DISMISSED WITH

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PREJUDICE as to all claims, counterclaims, and parties, with each party bearing its own

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attorney’s fees and costs. This Court shall retain jurisdiction to enforce and/or interpret the terms

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of the Settlement Agreement and the Addendum Agreement. The Clerk is directed to close the

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file.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
January 1, 2018
DATED:_____________________
January 11, 2018
January 11, 2018

_______________________________
UNITED STATES DISTRICT JUDGE
Honorable Jon. S. Tigar

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FILER’S ATTESTATION
I, Chad E. Ziegler, am an ECF user whose ID and password are being used to file this

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PARTIES’ STIPULATION OF DISMISSAL OF THE PRESENT ACTION WITH PREJUDICE

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AND [PROPOSED] ORDER. Plaintiffs’ counsel obtained Defendants’ counsel’s authority prior

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to the filing of this document. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that counsel

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for the Defendants concur in this filing.
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/s/ Chad E. Ziegler
Chad E. Ziegler

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1134528/36268509v.1

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