Digital Reg of Texas, LLC v. Adobe Systems Incorporated et al

Filing 319

ORDER by Judge Claudia Wilken Granting 317 Stipulation of DISMISSAL AS TO DEFENDANT AVG TECHNOLOGIES USA, INC. (ndr, COURT STAFF) (Filed on 4/1/2013)

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W. PAUL SCHUCK (Cal. Bar No. 203717)
[e-mail]
BARTKO, ZANKEL, TARRANT & MILLER
A Professional Corporation
900 Front Street, Suite 300
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
ANDREW G. DiNOVO (Pro Hac Vice)
[e-mail]
ADAM G. PRICE (Pro Hac Vice)
[e-mail]
DiNOVO PRICE ELLWANGER & HARDY LLP
7000 N. MoPac Expressway, Suite 350
Austin, TX 78731
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
DIGITAL REG OF TEXAS, LLC
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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DIGITAL REG OF TEXAS, LLC,
Plaintiff,

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Case No. 4:12-cv-01971-CW (KAW)

v.
ADOBE SYSTEMS INCORPORATED,
VALVE CORPORATION, ELECTRONIC
ARTS INC., UBISOFT, INC., SYMANTEC
CORPORATION, AVG TECHNOLOGIES
USA, INC., ZYNGA GAME NETWORKS
INC., ZYNGA, INC., and INTUIT INC.

STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL AS TO
DEFENDANT AVG TECHNOLOGIES
USA, IMC

Defendants.

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL
AS TO DEFENDANT AVG TECHNOLOGIES USA, INC.

Case No. 4:12-cv-01971-CW (KAW)

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IT IS HEREBY STIPULTATED AND AGREED, by and between plaintiff Digital Reg of

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Texas, LLC, (“Plaintiff”) and defendant AVG Technologies USA, Inc. (“Defendant”), pursuant to

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Fed. R. Civ. P. 41(a)(2) and subject to the approval of the Court, that Plaintiff’s claims in this

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action be, and upon approval are, dismissed WITH PREJUDICE and Defendant’s counterclaims

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in this action be, and upon approval are, dismissed WITHOUT PREJUDICE, subject to the terms

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of that certain agreement entitled “SETTLEMENT AND LICENSE AGREEMENT” dated March

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20, 2013, with each party to bear its own cost, expenses, and attorney’s fees.

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Dated: April 1, 2013

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BARTKO ZANKEL TARRANT & MILLER
By: /s/ W. Paul Schuck
W. Paul Schuck

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DiNOVO PRICE ELLWANGER & HARDY LLP
Andrew G. DiNovo (admitted Pro Hac Vice)
Adam G. Price (admitted Pro Hac Vice)

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Attorneys for Plaintiff
DIGITAL REG OF TEXAS, LLC

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Dated: April 1, 2013

GOODWIN PROCTER LLP
By: /s/ William A. Meunier
William A. Meunier (admitted Pro Hac Vice)

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Attorneys for Defendant
AVG TECHNOLOGIES USA, INC.

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ATTESTATION OF E-FILER

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In compliance with Local Rule 5-1(i), the undersigned ECF user whose identification and

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password are being used to file this document, hereby attests that all signatories have concurred in

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the filing of this document.

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Dated: April 1, 2013

/s/ W. Paul Schuck
W. Paul Schuck

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL
AS TO DEFENDANT AVG TECHNOLOGIES USA, INC.

Case No. 4:12-cv-01971-CW (KAW)

[PROPOSED] ORDER OF DISMISSAL

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CAME ON THIS DAY for consideration the Stipulation of dismissal with prejudice of all

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claims asserted by plaintiff Digital Reg of Texas, LLC, against defendant AVG Technologies

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USA, Inc., and dismissal without prejudice of all counterclaims asserted by defendant AVG

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Technologies USA, Inc. against plaintiff Digital Reg of Texas, LLC, in this case and the Court

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being of the opinion that said Stipulation should be ENTERED, it is hereby

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ORDERED, ADJUDGED AND DECREED that all of plaintiff’s claims asserted against

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defendant in this suit are hereby dismissed with prejudice and all of defendant’s counterclaims

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asserted in this suit are hereby dismissed without prejudice, subject to the terms of an agreement

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entitled “SETTLEMENT AND LICENSE AGREEMENT” and dated March 20, 2013.
It is further ORDERED that all attorneys’ fees and costs are to be borne by the party that
incurred them.

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DATED: _______________________
4/1/2013

_____________________________
The Honorable Claudia Wilken
United States District Court Judge

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STIPULATION AND ORDER OF DISMISSAL AS TO
DEFENDANT AVG TECHNOLOGIES USA, INC.

Case No. 4:12-cv-01971-CW (KAW)