Rearden LLC et al v. Crystal Dynamics, Inc. et al

Filing 177

STIPULATION AND ORDER re 176 STIPULATION WITH PROPOSED ORDER re 136 MOTION to Dismiss PLAINTIFFS NOTICE OF MOTION AND MOTION FOR VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT SQUARE ENIX, INC. UNDER FED. R. CIV. P. 41(a)(2) filed by Rearden Mova LLC, Rearden LLC. Signed by Judge Jon S. Tigar on February 25, 2019. The 136 MOTION FOR VOLUNTARY DISMISSAL OF CLAIMS is terminated as moot. (wsn, COURT STAFF) (Filed on 2/25/2019)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

Steve W. Berman (pro hac vice)
Mark S. Carlson (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Ave., Ste. 2000
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Philip Graves (CBA No. 153441)
HAGENS BERMAN SOBOL SHAPIRO LLP
301 North Lake Avenue, Suite 920
Pasadena, CA 91101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Rio S. Pierce (CBA No. 298297)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs
Rearden LLC and Rearden Mova LLC

16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18

SAN FRANCISCO DIVISION

19
20

REARDEN LLC, REARDEN MOVA LLC,
California limited liability companies,
Plaintiffs,

21
22
23
24
25

v.

Case No. 17-cv-04187-JST
JOINT STIPULATION AND
[PROPOSED] ORDER RE:
PLAINTIFFS’ MOTION TO DISMISS

CRYSTAL DYNAMICS, INC., a California
corporation, SQUARE ENIX, INC., a Washington
Corporation,
Defendants.

Judge:

Hon. Jon S. Tigar

26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER RE: PLAINTIFFS’ MOTION TO DISMISS
CASE NO. 17-CV-04187-JST

1
2
3

Plaintiffs Rearden LLC and Rearden MOVA LLC (“Plaintiffs”) and Defendant Square Enix,
Inc. (“Square Enix”)” by and through their counsel of record, stipulate as follows:
WHEREAS, Plaintiffs’ Notice of Motion and Motion for Voluntary Dismissal of Claims

4

Against Defendant Square Enix, Inc. Under Fed. R. Civ. P. 41(a)(2) was filed on January 29, 2019

5

(D.I. 136);

6

WHEREAS, Square Enix’s Opposition to Plaintiffs’ Motion for Voluntary Dismissal of

7

Claims Against Square Enix, Inc. Under Fed. R. Civ. P. 41(a)(2) was filed on February 11, 2019

8

(D.I. 162);

9
10
11
12
13

WHEREAS, Plaintiffs’ Reply in Support of Motion for Voluntary Dismissal of Square Enix,
Inc. was filed on February 19, 2019 (D.I. 172);
WHEREAS, Plaintiffs’ and Square Enix have agreed to mutually acceptable terms on which
to resolve Plaintiffs’ claims against Square Enix;
NOW THEREFORE, for good cause, Plaintiffs and Square Enix stipulate to dismiss all of

14

Plaintiffs’ claims alleged against Square Enix in its First Amended Complaint with prejudice.

15

Plaintiffs and Square Enix further stipulate that, subject to the Court’s approval, the Court will retain

16

jurisdiction on the issues of (1) whether Square Enix is the prevailing party and (2) whether Square

17

Enix is entitled to attorneys’ fees and, if so, the amount of any such award. The parties further

18

stipulate that Square Enix’s deadline to bring a motion for attorneys’ fees is deferred until sixty (60)

19

days after final judgment is entered in Plaintiffs’ case.

20
21

IT IS SO STIPULATED.

22

Dated: February 25, 2019

23
24
25
26

Respectfully submitted,
HAGENS BERMAN SOBOL SHAPIRO LLP
By: Steve Berman
Steve W. Berman
Mark S. Carlson
Phil Graves
Rio S. Pierce

27
28
1

Attorneys for Plaintiffs,
REARDEN LLC and REARDEN MOVA LLC

JOINT STIPULATION AND [PROPOSED] ORDER RE: PLAINTIFFS’ MOTION TO DISMISS
CASE NO. 17-CV-04187-JST

1

RIMON, P.C.

Dated: February 25, 2019

2

By: Karineh Khachatourian
Karineh Khachatourian
Nikolaus A. Woloszczuk

3
4

Attorneys for Defendants,
CRYSTAL DYNAMICS, INC. and SQUARE
ENIX, INC.

5
6
7
8
9
10

PURSUANT TO STIPULATION, IT IS SO ORDERED.

11
12

Dated:

February 25

, 2019
Honorable Jon S. Tigar
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

JOINT STIPULATION AND [PROPOSED] ORDER RE: PLAINTIFFS’ MOTION TO DISMISS
CASE NO. 17-CV-04187-JST

1
2

CIVIL LOCAL RULE 5-1 ATTESTATION
I, Steve Berman, am the ECF user whose credentials were utilized in the electronic filing of

3

this document. In accordance with Civil Local Rule 5-1(i)(3), I hereby attest that Karineh

4

Khachatourian concurred in the filing of this document.

5
6

/s/ Steve Berman
Steve Berman

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

JOINT STIPULATION AND [PROPOSED] ORDER RE: PLAINTIFFS’ MOTION TO DISMISS
CASE NO. 17-CV-04187-JST