Variant Holdings LLC v. Yelp!, Inc.

Filing 18

STIULATION AND ORDER CONDITIONALLY DISMISSING CASE. Signed by Judge Phyllis J. Hamilton on 2/21/14. (nahS, COURT STAFF) (Filed on 2/21/2014)

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1 2 3 4 5 6 COLLINS, EDMONDS & POGORZELSKI, PLLC JOHN J. EDMONDS (SBN 274200) 1851 East First Street, Suite 900 Santa Ana, California 92705 Tel: (951) 708-1237 Fax: (951) 824-7901 Attorneys for Plaintiff, VARIANT HOLDINGS LLC and VARIANT, INC. DURIE TANGRI LLP DARALYN J. DURIE (SBN 169825) JESSE GERACI (SBN 259755) 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 Attorneys for Defendant YELP INC. (F/K/A YELP! INC.) 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 VARIANT HOLDINGS LLC and VARIANT, INC., 13 14 15 16 Plaintiffs, Case No. 4:13-cv-05298-PJH JOINT STIPULATION OF CONDITIONAL DISMISSAL Judge: Hon. Phyllis J. Hamilton v. YELP! INC. Defendant. 17 18 19 20 Plaintiffs Variant Holdings, LLC and Variant, Inc. and Defendant Yelp Inc., by and through their respective attorneys, hereby file this stipulated conditional dismissal. The parties, in good faith, agree and believe that an agreement in principle has been reached, and 21 will be put into written form within thirty (30) days. Therefore, in an effort to minimize judicial 22 resources and to minimize the expenses and costs to the parties, it is hereby stipulated that: 23 24 25 26 27 28 1. This action be conditionally dismissed without prejudice for thirty (30) days from the Order signed by the Court, each party bearing its own fees and costs. 2. During the aforementioned thirty (30) day period, either party may request the Court to reopen the case. Further, a Case Management Conference has been scheduled for February 27, 2014, at 2:00 p.m., in Courtroom 3, 3rd Floor, Federal Building, 1301 Clay Street, Oakland, California. With this JOINT STIPULATION OF CONDITIONAL DISMISSAL / CASE NO. 4:13-CV-05298-PJH 1 Stipulation for Conditional Dismissal, the parties also request that said Case Management Conference be 2 vacated. 3 4 For the foregoing reasons, the parties request the Court to accept this Stipulation and Proposed Order as submitted. 5 6 Dated: February 20, 2014 COLLINS, EDMONDS & POGORZELSKI, PLLC 7 By: 8 /s/ John J. Edmonds (with permission) JOHN J. EDMONDS 9 Attorneys for Plaintiffs Variant Holdings LLC and Variant, Inc. 10 11 12 Dated: February 20, 2014 13 DURIE TANGRI LLP By: /s/ Jesse Geraci DARALYN J. DURIE JESSE GERACI 14 15 Attorneys for Defendant Yelp Inc. 16 17 IT IS SO ORDERED: 18 2/21/14 Dated: ________________ S H ER R NIA n Hamilto FO hyllis J. Judge P LI RT 23 D HON. PHYLLIS SO ORDERE IT IS J. HAMILTON, U.S. DISTRICT JUDGE NO 22 UNIT ED 21 S DISTRICT TE C TA RT U O 20 A 19 N F D IS T IC T O R C 24 25 26 27 28 JOINT STIPULATION OF CONDITIONAL DISMISSAL / CASE NO. 4:13-CV-05298-PJH 1 2 3 CERTIFICATE OF ATTESTATION I, Jesse Geraci, attest that concurrence in the filing of this stipulation has been obtained from John Edmonds, the other signatory to the document. 4 /s/ Jesse Geraci JESSE GERACI 5 6 7 CERTIFICATE OF SERVICE 8 I certify that all counsel of record is being served on February 20, 2014 with a copy of this 9 document via the Court’s CM/ECF system. 10 /s/ Jesse Geraci JESSE GERACI 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION OF CONDITIONAL DISMISSAL / CASE NO. 4:13-CV-05298-PJH

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