Tile, Inc. v. TrackR, Inc. et al

Filing 38

ORDER by Judge Haywood S. Gilliam, Jr. Granting 37 Stipulation of Dismissal with Prejudice between Tile, Inc., TrackR, Inc., and Christopher Herbert. (ndrS, COURT STAFF) (Filed on 3/23/2017)

1

[ATTORNEYS IDENTIFIED ON SIGNATURE PAGE]

2
3
4
5
6
7
8
9

MOUNTAIN VIEW

NORTHERN DISTRICT OF CALIFORNIA

12
ATTORNEYS AT LAW

UNITED STATES DISTRICT COURT

11
F ENWICK & W EST LLP

10

SAN FRANCISCO DIVISION

13
14

Plaintiff,

15
16
17

Case No.: 3:16-cv-05963-HSG

TILE, INC.,

v.

STIPULATION OF DISMISSAL WITH
PREJUDICE BETWEEN TILE, INC., TRACKR,
INC., AND CHRISTOPHER HERBERT, AND
ORDER

TRACKR, INC., and CHRISTOPHER
HERBERT,

18
Defendants.
19
20
21
22
23
24
25
26
27
28
STIPULATION OF DISMISSAL

Case No.: 3:16-cv-05963-HSG

1

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), Plaintiff Tile, Inc. (“Tile”), Defendant

2

TrackR, Inc. (“TrackR”) and its CEO and co-founder, Defendant Christopher Herbert

3

(collectively, “Defendants”), by their undersigned counsel, hereby stipulate and agree to the

4

following Stipulation of Dismissal (the “Dismissal Stipulation”) of the above-entitled action

5

(“Lawsuit”):

6
7
8
9
10

MOUNTAIN VIEW

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

1.

This Court has jurisdiction over the parties to this Dismissal Stipulation and the

subject matter of this action for a period of three (3) years of the Dismissal.
2.

The parties have reached a confidential settlement agreement relating to the issues

raised in the Lawsuit.
3.

Pursuant to that confidential settlement agreement, the Lawsuit, including all

claims therein, shall be dismissed in its entirety, with prejudice.
4.

The Court shall retain jurisdiction of the subject matter and the parties to enforce

13

the confidential settlement agreement entered into between the parties and to address any request

14

for injunction based on the settlement agreement.

15

5.

The parties are not seeking an award of costs or attorneys’ fees.

16

IT IS SO STIPULATED.

17

Consent to the entry of the foregoing dismissal with prejudice is hereby acknowledged.

18 Dated: March 22, 2017
By: /s/ Patrick E. Premo
Patrick E. Premo

19
20

FENWICK & WEST LLP
Patrick E. Premo (Bar No. 184915)
[e-mail]
Eric Ball (Bar No. 241327)
[e-mail]
William L. Pierog (Bar No. 288431)
[e-mail]
801 California Street
Mountain View, California 94041
Telephone: [phone]

21
22
23
24
25
26

Attorneys for Plaintiff
TILE, INC.

27
28
STIPULATION OF DISMISSAL

1

Case No.: 3:16-cv-05963-HSG

1

Dated: March 22, 2017

2

By: /s/ Bobby A. Ghajar
Bobby A. Ghajar

3
4

COOLEY LLP
Bobby A. Ghajar (Bar No. 198719)
[e-mail]
John Paul Oleksiuk (Bar No. 283396)
[e-mail]
Lori Levine (Bar No. 299227)
[e-mail]
1333 2nd Street, Suite 400
Santa Monica, CA 90401
Telephone: [phone]

5
6
7
8
9

Attorneys for Defendants
TRACKR, INC. and
CHRISTOPHER HERBERT

10

MOUNTAIN VIEW

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

13
14

ATTESTATION PURSUANT TO GENERAL ORDER 45

15

I, Patrick E. Premo, attest that concurrence in the filing of this document has been

16

obtained from any signatories indicated by a “conformed” signature (/s/) within this e-filed

17

document. I declare under penalty of perjury under the laws of the United States of America that

18

the foregoing is true and correct.

19

Dated: March 22, 2017

FENWICK & WEST LLP

20
21

By:

/s/ Patrick E. Premo
Patrick E. Premo

22
Attorneys for Plaintiff
TILE, INC.

23
24
25
26
27
28
STIPULATION OF DISMISSAL

2

CASE NO. 3:16-CV-05963-HSG

ORDER

1
2

PURSUANT TO STIPULAT
S
TION, IT IS SO ORDER
RED AND A
ADJUDGED THAT
D

3

the above-capt
e
tioned action including all claims, i hereby dis
n,
is
smissed in its entirety, w
s
with

4

pr
rejudice and without cost to any par
ts
rty.

5

This Court shall re
C
etain persona and exclus
al
sive jurisdict
tion over Til TrackR, a
le,
and

6

Ch
hristopher Herbert for th limited pu
H
he
urpose of enf
forcing or in
nterpreting an portion of the
ny

7

Se
ettlement Ag
greement bet
tween Tile an TrackR a Christop
nd
and
pher Herbert for a period of three (3)
d

8

ye from this Dismissal. Said jurisd
ears
diction may b invoked b or against any party h
be
by
t
hereto by

9

fil
ling a limited request to re-open Case No. 3:16-C
d
r
CV-05963-H
HSG, where the request s
shall
sp
pecifically id
dentify the Se
ettlement Ag
greement pro
ovision in qu
uestion and t nature of the dispute
the
f

11

or disagreement.
r

MOUNTAIN VIEW

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

10

13

Da
ated: March 23, 2017
h
T Honorab Haywoo S. Gilliam Jr.
The
ble
od
m,
U
United State District Ju
es
udge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION OF DISMISSAL
T

3

CA NO. 3:16-CV-05963-HSG
ASE