Big Baboon, Inc. v. SAP America, Inc. et al

Filing 94

ORDER by Judge Haywood S. Gilliam, Jr. Denying 93 Stipulation to Vacate Judgment in Favor of Defendant HP Inc. and Dismiss Claims Against HP Inc., with Prejudice. (ndrS, COURT STAFF) (Filed on 5/22/2019)

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Robert H. Sloss, SBN 87757
[e-mail]
PROCOPIO, CORY, HARGREAVES &
SAVITCH LLP
1117 California Ave., Suite 200
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: 619.235.0398

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Lance D. Reich, pro hac vice
[e-mail]
Kevin E. Regan, SBN 262335
[e-mail]
HELSELL FETTERMAN LLP
1001 Fourth Ave., Suite 4200
Seattle, WA 98154
Telephone: [phone]
Facsimile: 206.340.0902

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Attorneys for Plaintiff
BIG BABOON, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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BIG BABOON, INC., a Delaware corporation,
Plaintiff,

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v.

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SAP AMERICA, INC., a Delaware Corporation,
and HP INC., a Delaware Corporation,

Case No. 4:17-cv-02082 HSG
STIPULATION AND ORDER TO
VACATE JUDGMENT IN FAVOR OF
DEFENDANT HP INC. AND DISMISS
CLAIMS AGAINST HP INC., WITH
PREJUDICE

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Defendants.
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Judge: Hon. Haywood S. Gilliam, Jr.
Ctrm: 2, 4th Fl.
Complaint Filed:
Trial Date:

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April 13, 2017
None set.

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STIPULATION AND ORDER TO VACATE JDGMT.
IN FAVOR OF HP AND DISMISS CLAIMS AGAINST HP
DOCS 3660787.1

4:17-CV-02082 HSG

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Plaintiff Big Baboon, Inc. (“BBI”) and Defendants SAP America, Inc. (“SAP”) and HP Inc.

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(formerly Hewlett-Packard Company) (“HP”) (collectively “Defendants”) hereby stipulate that, as

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BBI and HP having reached a resolution of the claims brought by BBI against HP, (1) the judgment

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entered in favor of HP and against BBI on April 24, 2019 (Dkt. 87) shall be vacated and without

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any force or effect, and (2) all claims asserted against HP shall be dismissed, with prejudice.

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Neither the judgment in favor of defendant SAP nor SAP’s pending Motion for Attorneys’ Fees

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(Dkt. 89) shall be affected by this Stipulation.1 The parties jointly request that the Court enter the

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order submitted herewith to give effect to the parties’ stipulation.

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Dated: May 21, 2019

PROCOPIO, CORY, HARGREAVES
& SAVITCH LLP

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By: /s/ Robert H. Sloss
Robert H. Sloss
Lance D. Reich
Kevin E. Regan

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Attorneys for Plaintiff
Big Baboon, Inc.

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Dated: May 21, 2019

KLARQUIST SPARKMAN LLP
By: /s/ J. Christopher Carraway
J. Christopher Carraway

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Attorneys for Defendants
SAP AMERICA, INC., and HP INC.

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SAP’s Motion for Attorneys’ Fees (Dkt. 89) seeks the fees and expenses SAP incurred defending both itself and its
customer HP. The parties stipulate that the resolution reached by HP and Plaintiff to dismiss HP from the action does
not include any resolution of the fees and costs SAP incurred defending HP. Thus, the parties stipulate that SAP’s
claim for fees and expenses incurred defending itself and HP survive this stipulation, the vacating of the judgment
against HP, and the dismissal with prejudice of HP. Thus, the parties stipulate that should the Court grant SAP’s
Motion for Attorneys’ Fees (Dkt. 89), SAP is not precluded from recovering the fees and expenses it incurred
defending HP as well as itself.

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STIPULATION AND ORDER TO VACATE JDGMT.
IN FAVOR OF HP AND DISMISS CLAIMS AGAINST HP
DOCS 3660787.1

4:17-CV-02082 HSG

ATTESTATION

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I hereby attest that all other signatories listed, and on whose behalf the filing is submitted,

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concur in the filing’s content and have authorized the filing.

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Dated: May 21, 2019

By: /s/ Robert H. Sloss
Robert H. Sloss

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UNIT
ED

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DEN
PURSUANT TO STIPULATION, IT IS SO ORDERED. I

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By:

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illiam J

S. G
Hon. Haywood S. Gilliam, Jr.
y wo o d
d ge H a
Ju UNITED STATES DISTRICT JUDGE

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Dated: 5/22/2019

NO

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D IS T IC T O
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STIPULATION AND ORDER TO VACATE JDGMT.
IN FAVOR OF HP AND DISMISS CLAIMS AGAINST HP
DOCS 3660787.1

4:17-CV-02082 HSG