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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COLLINS, EDMONDS & POGORZELSKI, PLLC
JOHN J. EDMONDS (SBN 274200)
[e-mail]
1851 East First Street, Suite 900
Santa Ana, California 92705
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff,
VARIANT HOLDINGS LLC and
VARIANT, INC.

DURIE TANGRI LLP
DARALYN J. DURIE (SBN 169825)
[e-mail]
JESSE GERACI (SBN 259755)
[e-mail]
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.)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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VARIANT HOLDINGS LLC and
VARIANT, INC.,

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Plaintiffs,

Case No. 4:13-cv-05298-PJH
JOINT STIPULATION OF CONDITIONAL
DISMISSAL
Judge: Hon. Phyllis J. Hamilton

v.
YELP! INC.
Defendant.

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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

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will be put into written form within thirty (30) days. Therefore, in an effort to minimize judicial

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resources and to minimize the expenses and costs to the parties, it is hereby stipulated that:

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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

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Stipulation for Conditional Dismissal, the parties also request that said Case Management Conference be

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vacated.

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For the foregoing reasons, the parties request the Court to accept this Stipulation and Proposed
Order as submitted.

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Dated: February 20, 2014

COLLINS, EDMONDS & POGORZELSKI, PLLC

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By:

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/s/ John J. Edmonds (with permission)
JOHN J. EDMONDS

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Attorneys for Plaintiffs
Variant Holdings LLC and Variant, Inc.

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Dated: February 20, 2014

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DURIE TANGRI LLP
By:

/s/ Jesse Geraci
DARALYN J. DURIE
JESSE GERACI

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Attorneys for Defendant
Yelp Inc.

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IT IS SO ORDERED:

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2/21/14
Dated: ________________
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HON. PHYLLIS SO ORDERE
IT IS J. HAMILTON, U.S. DISTRICT JUDGE
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JOINT STIPULATION OF CONDITIONAL DISMISSAL / CASE NO. 4:13-CV-05298-PJH

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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.

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/s/ Jesse Geraci
JESSE GERACI

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CERTIFICATE OF SERVICE

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I certify that all counsel of record is being served on February 20, 2014 with a copy of this

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document via the Court’s CM/ECF system.

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/s/ Jesse Geraci
JESSE GERACI

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JOINT STIPULATION OF CONDITIONAL DISMISSAL / CASE NO. 4:13-CV-05298-PJH