Vigilos LLC v. Sling Media Inc et al

Filing 143

STIPULATION AND ORDER re 142 STIPULATION WITH PROPOSED ORDER Dismissing Case With Prejudice filed by EchoStar Technologies, L.L.C., Sling Media, Inc., EchoStar Corporation, Dish Network L.L.C.. Signed by Judge ARMSTRONG on 1/23/13. (lrc, COURT STAFF) (Filed on 1/23/2013)

1
2
3
4
5
6
7
8

RACHEL KREVANS (CA SBN 116421)
[e-mail]
SCOTT C. MOORE (CA SBN 203181)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.276.7178
Attorneys for Defendants
SLING MEDIA, INC.;
ECHOSTAR TECHNOLOGIES L.L.C.;
ECHOSTAR CORPORATION; and
DISH NETWORK L.L.C.

9
10
11
12
13
14
15

RUSS, AUGUST & KABAT
Marc A. Fenster, CA SB # 181067
Email: [e-mail]
Benjamin T. Wang, CA SB # 228712
Email: [e-mail]
Stanley H. Thompson, Jr., CA SB # 198825
Email: [e-mail]
12424 Wilshire Boulevard, 12th Floor
Los Angeles, California 90025
Telephone: [phone]
Facsimile: [phone]

16
17

Attorneys for Plaintiff
VIGILOS, LLC

18
UNITED STATES DISTRICT COURT
19
NORTHERN DISTRICT OF CALIFORNIA
20
OAKLAND DIVISION
21
VIGILOS, LLC,

Case No. 11-cv-04117-SBA

22
Plaintiff,
23
v.
24
ECHOSTAR TECHNOLOGIES L.L.C., et al.,
25
Defendants.
26
27
28
STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE
CASE NO. 11-CV-04117-SBA

la-1198104

STIPULATED MOTION FOR
DISMISSAL WITH PREJUDICE

1
2

The plaintiff Vigilos, LLC, and defendants Sling Media, Inc., Echostar Technologies

3

L.L.C., EchoStar Corporation and DISH Network L.L.C., pursuant to Fed. R. Civ. P. 41(a)(2)

4

and (c), hereby move for an order dismissing all claims in this action WITH PREJUDICE, subject

5

to the terms of that certain agreement entitled “SETTLEMENT AND LICENSE

6

AGREEMENT” and dated December 21, 2012, with each party to bear its own costs, expenses

7

and attorneys’ fees.

8
Dated: January 22, 2013

Respectfully Submitted,

9
MORRISON & FOERSTER LLP
10
By:

/s/ Scott C. Moore
SCOTT C. MOORE

11
12

Attorneys for Defendants SLING MEDIA, INC.;
ECHOSTAR TECHNOLOGIES L.L.C.;
ECHOSTAR CORPORATION; and DISH
NETWORK L.L.C.

13
14
15

RUSS, AUGUST & KABAT

16

By:

/s/ Benjamin T. Wang (with permission)
Attorneys for Plaintiff,
VIGILOS, LLC

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE
CASE NO. 11-CV-04117-SBA

1
la-1198104

1
2
ORDER OF DISMISSAL WITH PREJUDICE
3
4

CAME ON THIS DAY for consideration of the Stipulated Motion for Dismissal With

5

Prejudice of all claims and counterclaims asserted between plaintiff Vigilos, LLC, and defendants

6

Sling Media, Inc., Echostar Technologies L.L.C., EchoStar Corporation and DISH Network

7

L.L.C., in this case, and the Court being of the opinion that said motion should be GRANTED, it

8

is hereby

9
10
11
12
13

ORDERED, ADJUDGED AND DECREED that all claims asserted in this suit between
plaintiff Vigilos, LLC, and defendants Sling Media, Inc., Echostar Technologies L.L.C., EchoStar
Corporation and DISH Network L.L.C., are hereby dismissed with prejudice, subject to the terms
of that certain agreement entitled “SETTLEMENT AND LICENSE AGREEMENT” and dated
December 21, 2012.

14
15

It is further ORDERED that all attorneys’ fees and costs are to be borne by the party that

16

incurred them. 

17

Dated: _1/23/13_____________________

___________________________
United States District Judge 

18
19
20
21
22
23
24
25
26
27
28
STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE
CASE NO. 11-CV-04117-SBA

2
la-1198104

1
2
CERTIFICATE OF SERVICE
3
I hereby certify that the counsel of record who are deemed to have consented to electronic
4
5

service are being served on January 22, 2013 with a copy of this document via the Court’s

6

CM/ECF system per Local Rule CV-5-6(a). Any other counsel of record will be served by

7

electronic mail, facsimile transmission and/or first class mail on this same date.

8
9

By:

Dated: January 22, 2013

/s/ Scott C. Moore
Scott C. Moore

10
11

ATTESTATION OF E-FILED SIGNATURE

12

I, Scott C. Moore, am the ECF User whose ID and password are being used to file this

13

motion. In compliance with General Order 45, X.B., I hereby attest that Benjamin T. Wang has

14

concurred in this filing.

15
16

Dated: January 22, 2013

By:

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE
CASE NO. 11-CV-04117-SBA

3
la-1198104

/s/ Scott C. Moore
Scott C. Moore