American Chemical Society et al v. Commax Technologies, Inc., et.al.

Filing 275

STIPULATION AND ORDER AND JUDGMENT AS MODIFIED BY THE COURT re 268 Stipulation. In the event of a dispute arising out of the Settlement Agreement, any party may file a breach of contract action in a court of competent jurisdiction to enforce the Settlement. The Clerk shall close this file. Signed by Judge James Ware on 7/29/2009. (ecg, COURT STAFF) (Filed on 8/4/2009)

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Kimberly A. Donovan (State Bar No. 160729) Sallie Kim (State Bar No. 142718) GCA LAW PARTNERS LLP 1891 Landings Drive Mountain View, CA 94043 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AMERICAN CHEMICAL SOCIETY, AMERICAN INSTITUTE OF PHYSICS, BLACKWELL PUBLISHING, INC., ELSEVIER, INC., INFORMA UK LTD., INFORMA USA, INC., OXFORD UNIVERSITY PRESS, SPRINGER SCIENCE AND BUSINESS MEDIA, LLC, WILEY PERIODICALS, INC., and WILEY-LISS, INC., Plaintiffs, COMMAX TECHNOLOGIES, INC., COMMAX WORLDWIDE, HENRY SHIOU-MING CHEN, DAPHNE L. CHEN, LIANG-WANG HOW, KUO REUIH PAN, and SUNNY CHEN YOUNG, Defendants. ___________________________________________ ) Civil Case No. C 06 4414 JW HRL ) ) STIPULATED JUDGMENT AND ) [PROPOSED] ORDER THEREON ) ) ) ) ) ) ) ) ) ) ) ) )

STIPULATED JUDGMENT

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William S. Strong, Esq. Amy C. Mainelli Burke, Esq. KOTIN, CRABTREE & STRONG, LLP One Bowdoin Square Boston, MA 02114 Telephone: [phone] Telecopier: [phone] Attorneys for Plaintiffs

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Noel M. Cook, Esq. CSBN 122777 OWEN, WICKERSHAM & ERICKSON, P.C. 455 Market Street, 19th Floor San Francisco, CA 94105 Telephone: [phone] Telecopier: [phone]

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D RDERE IS SO O FIED IT DI AS MO

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Plaintiffs American Chemical Society, American Institute of Physics, Blackwell Publishing, Inc., Elsevier, Inc., Informa UK Ltd., Informa USA, Inc., Oxford University Press, Springer Science and Business Media, LLC, Wiley Periodicals, Inc. and Wiley-Liss, Inc. ("Plaintiffs") and Defendants Commax Technologies, Inc., Henry Shiou-Ming Chen, Daphne L. Chen, Liang-Wang How, Kuo Rueih Pan and Sunny Young, and Henry Shiou-Ming Chen and Daphne L. Chen in their capacities as trustees of the Shiou-Ming Henry Chen and Daphne LiMing Chen 1993 Revocable Living Trust ("Defendants"), through their undersigned counsel, hereby stipulate and move this Court for entry of judgment as follows: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. The Plaintiffs and Defendants have entered into a Settlement Agreement to resolve this action. 2. Defendants Henry Shiou-Ming Chen and Daphne L. Chen are hereby enjoined, for a period of five (5) years from the date of this Judgment, from placing any subscription order with any Plaintiff whether in their own names or any other name real or imagined, or purchasing any of the Plaintiffs' publications whether for themselves or on behalf of any other person or entity, real or imagined, other than from a bookstore or other retail vendor. 3. Defendants Henry Shiou-Ming Chen and Daphne L. Chen are hereby enjoined, for a period of five (5) years from the date of this Judgment, from joining or attempting to join any membership organization associated with any Plaintiff whether in their own names or in the names of any other person or entity, real or imagined. 4. After the expiration of such five-year period, Defendants Henry Shiou-Ming Chen and Daphne L. Chen are hereby enjoined from placing any journal subscription order with any Plaintiff other than on behalf of a bona fide institutional customer whose identity is fully disclosed to the Plaintiff concerned. 5. The Preliminary Injunction previously entered in this action by Order dated May 15, 2009 (Docket No. 258) is hereby dissolved and no longer has any force or effect. Plaintiffs shall take all actions necessary, including recording appropriate documents

STIPULATED JUDGMENT

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with the Santa Clara County Recorder's Office, to provide notice that the Preliminary Injunction no longer has any force or effect and that the Notice of Pending Action recorded with regard to property located at 770 Josina Avenue, Palo Alto, CA is withdrawn.

6. In the event of dispute arising out of the matter for Agreement, any party may 6. This Court shallaretain jurisdiction over this Settlementenforcement of the Settlement file a breach of contract action in a court of competent jurisdiction to enforce the Settlement Agreement and this Judgment. Agreement.
Respectfully submitted, KOTIN, CRABTREE & STRONG, LLP

Dated: July 17, 2009

/s/ William S. Strong__________________ William S. Strong, Esq. Attorneys for Plaintiffs AMERICAN CHEMICAL SOCIETY,AMERICAN INSTITUTE OF PHYSICS,BLACKWELL PUBLISHING, INC.,ELSEVIER, INC., INFORMA UK LTD., INFORMA USA, INC., OXFORD UNIVERSITY PRESS,,SPRINGER SCIENCE AND BUSINESS MEDIA LLC, WILEY PERIODICALS, INC., and WILEY-LISS, INC.

GCA LAW PARTNERS LLP Dated: July 17, 2009 /s/ Kimberly Donovan ______________________ Kimberly Donovan Attorneys for Defendants COMMAX TECHNOLOGIES, INC., HENRY SHIOU-MING CHEN, DAPHNE L. CHEN, LIANG-WANG HOW, KUO RUEIH PAN, and SUNNY YOUNG

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*** ORDER *** The Clerk shall close this file.

SO ORDERED: _________________________ James Ware United States District Court Judge

Date: _____________ July 29, 2009

STIPULATED JUDGMENT

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