Coupons, Inc. v. Stottlemire

Filing 137

Opposition to Defendant's Motion to Summarily Enforce Settlement Agreement re 133 filed byCoupons, Inc. (Attachments: # 1 (Proposed) Order (Cusack, Dennis) (Filed on 2/3/2009) Text modified on 2/4/2009 (bw, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 (415) 954-4400 Neil A. Goteiner (State Bar No. 083524) Dennis M. Cusack (State Bar No. 124988) Carly O. Alameda (State Bar No. 244424) Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 E-mail: ngoteiner@fbm.com, dcusack@fbm.com, calameda@fbm.com Attorneys for Plaintiff COUPONS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION COUPONS, INC., Plaintiff, vs. JOHN STOTTLEMIRE, Defendant. Case No. 5:07-CV-03457 HRL [PROPOSED] ORDER DENYING DEFENDANT'S MOTION TO SUMMARILY ENFORCE SETTLEMENT AGREEMENT Date: Time: Courtroom: Judge: February 24, 2009 10:00 a.m. 2 Honorable Howard R. Lloyd On February 24, 2009 a hearing was held on Defendant John Stottlemire's Motion To Summarily Enforce the Settlement Agreement, the Honorable Howard R. Lloyd presiding. Having considered the papers submitted by the parties in support of and opposition to the Motion, and the argument of the parties at the hearing, the Court finds that Coupons properly rescinded the settlement agreement and the agreement cannot be enforced. IT IS HEREBY ORDERED that Defendant's Motion to Summarily Enforce the Settlement Agreement is DENIED. DATED: __________________ ____________________________________ Hon. Howard R. Lloyd United States Magistrate Judge [PROPOSED] ORDER DENYING DEFENDANT'S MOTION TO SUMMARILY ENFORCE SETTLEMENT AGREEMENT / USDC/NDC/SJ 5:07-CV-03457 HRL 22675\1857874.1

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