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)

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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) ppremo@fenwick.com Eric Ball (Bar No. 241327) eball@fenwick.com William L. Pierog (Bar No. 288431) wpierog@fenwick.com 801 California Street Mountain View, California 94041 Telephone: (650) 988-8500 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) bghajar@cooley.com John Paul Oleksiuk (Bar No. 283396) jpo@cooley.com Lori Levine (Bar No. 299227) llevine@cooley.com 1333 2nd Street, Suite 400 Santa Monica, CA 90401 Telephone: (310) 883-6400 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

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