Gotham City Online, LLC v. Art.com, Inc.

Filing 68

ORDER GRANTING 67 STIPULATION DISMISSING ACTION AND TERMINATING 42 MOTION to Compel Arbitration. Signed by Judge JEFFREY S. WHITE on 5/28/14. (jjoS, COURT STAFF) (Filed on 5/28/2014)

Case4:14-cv-00991-JSW Document67 Filed05/06/14 Page1 of 5

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JAMES M. WAGSTAFFE (95535)
Email: [e-mail]
IVO LABAR (203492)
Email: [e-mail]
ADRIAN J. SAWYER (203712)
Email: [e-mail]
KERR & WAGSTAFFE LLP
100 Spear Street, 18th Floor
San Francisco, CA 94105–1528
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
GOTHAM CITY ONLINE, LLC
QUINN EMANUEL URQUHART & SULLIVAN, LLP
Claude M. Stern (96737)
Email: [e-mail]
Evette D. Pennypacker (203515)
Email: [e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone: [phone]
Facsimile: [phone]
Meagan Bellshaw (257875)
Email: [e-mail]
Rebecca Bers (287111)
Email: [e-mail]
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ART.COM, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GOTHAM CITY ONLINE, LLC, a Delaware
limited liability company,
Plaintiff,

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v.
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Case No. 3:14-cv-00991-JSW
STIPULATION AND [PROPOSED]
ORDER DISMISSING ACTION
AND TERMINATING MOTION TO COMPEL
ARBITRATION

ART.COM, INC., a Delaware corporation, and
Does 1-50,
Defendant.

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05860.00001/5902157.1

Case No. 3:14-cv-00991-JSW

STIPULATION AND [PROPOSED] ORDER

Case4:14-cv-00991-JSW Document67 Filed05/06/14 Page2 of 5

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Plaintiff Gotham City Online, LLC (“Gotham”) and Defendant Art.com, Inc. (“Art”), by

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and through their respective counsel of record, do hereby enter into the following stipulation:

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WHEREAS, Gotham brought this action, styled Gotham City Online LLC v. Art.com,

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Inc., Case No. 4:14-cv-00991-JSW, on March 4, 2014 asserting various claims and seeking a

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temporary restraining order against Art;

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WHEREAS, on March 5, 2014, Art moved to compel the entire action to arbitration and
to disqualify Gotham’s then counsel;
WHEREAS, after briefing and oral argument, on March 18, 2014, the Court denied
Gotham’s application for temporary restraining order, granted Art’s motion to disqualify, and

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stayed the action, including the hearing on Art’s motion to compel arbitration, pending

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appearance of new counsel for Gotham;

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WHEREAS, Art reserves the right to file a motion for fees and costs Art incurred in

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connection with its motion to disqualify solely against Gotham’s prior counsel and does not

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intend to and will not seek such fees and costs incurred in connection with that motion to

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disqualify from Gotham or its new counsel;

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WHEREAS, Art has not yet responded to Gotham’s complaint;

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WHEREAS, the parties have met and conferred and agreed that, to the extent that any

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claims that gave rise to Gotham’s complaint in this action remain, such claims, and any of Art’s

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defenses thereto, shall, if necessary after good faith cooperation between the parties is not

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successful, be decided by the arbitrator(s) in the pending proceeding captioned as: Art.com v.

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Garriss, Topkins, and Hersh, and Gotham City Online, AAA Case No. 74 523 Y 120 14 AMCH;

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NOW, THEREFORE, Gotham and Art hereby stipulate to dismiss this case without
prejudice, as follows:

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1.

Gotham’s complaint against Art in this action, and all claims therein, are

hereby dismissed without prejudice.

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2.

Art reserves its right to seek its fees and costs incurred in connection with

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its motion to disqualify solely from Gotham’s prior counsel, and Gotham takes no position as to

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any such effort by Art;
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STIPULATION AND [PROPOSED] ORDER

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3.

With the sole exception of Art’s reservation of rights to seek fees and

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costs from Gotham’s prior counsel, Gotham and Art shall each bear its own respective fees and

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costs incurred herein, and both parties waive any rights to appeal from any order entered in this

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action.

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DATED: May 6, 2014

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KERR & WAGSTAFFE LLP

By /s/
IVO LABAR
ADRIAN J. SAWYER

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Attorneys for Plaintiff
GOTHAM CITY ONLINE, LLC

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DATED: May 6, 2014

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

By /s/
CLAUDE M. STERN
EVETTE D. PENNYPACKER

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Attorneys for Defendant
ART.COM, INC.

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STIPULATION AND [PROPOSED] ORDER

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[PROPOSED] ORDER

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Pursuant to the parties’ stipulation;

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IT IS SO ORDERED. The Court terminates the pending motion to compel arbitration.
Dated: __________________________
May 28, 2014

________________________________
Honorable Jeffrey S. White

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STIPULATION AND [PROPOSED] ORDER