Coupons, Inc. v. Stottlemire

Filing 153

STIPULATION AND ORDER re #152 Stipulation filed by Coupons, Inc., ***Civil Case Terminated.. Signed by Judge Howard R. Lloyd on 5/1/09. (hrllc1, COURT STAFF) (Filed on 5/5/2009)

Case 5:07-cv-03457-HRL

Document 152

Filed 04/22/2009

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Patella Hmon & Martel LLP 235 Montgomery Sheet, 17th FlSan Francisco, CA 94104 [phone]

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: [phone] Facsimile : [phone] E-mail: [e-mail], [e-mail], [e-mail] Attorneys for Plaintiff COUPONS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

COUPONS, INC., Plaintiff, VS. JOHN STOTTLEMIRE, and DOES 1-10, Defendants.

Case No. 5:07-CV-03457 HRL STIPULATION FOR DISMISSAL WITH PREJUDICE PURSUANT TO SETTLEMENT AGREEMENT

Plaintiff Coupons, Inc. and Defendant John Stottlemire hereby submit this Stipulation to dismiss this case with prejudice. WHEREAS, the parties participated in an Early Neutral Evaluation with Harold McElhinny on November 13, 2008, and entered a Settlement Agreement at that time; and WHEREAS, the Settlement Agreement provides among other things that Coupons, Inc. will dismiss the case with prejudice, and that Mr. Stottlemire will stipulate to the dismissal;

STIP FOR DISMISSAL 5:07-CV-03457 HRL

22675\1767135.1

Case 5:07-cv-03457-HRL

Document 152

Filed 04/22/2009

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Patella Hraon & Martel LLP 235 Montgomery Sheet, 17th Floor San Prami-,CA (415) 9544400 11

IT IS HEREBY STIPULATED by and between the parties hereto that this action shall be dismissed in its entirety, with prejudice.

Dated: April 22, 2009

FARELLA BRAUN & MARTEL LLP

By: /s/ Dennis M. Cusack Attorneys for Plaintiff COUPONS, INC. Dated: November 18, 2008

By: /s/ John Stottlemire Defendant, pro se

ORDER Good cause appearing therefor, IT IS HEREBY ORDERED that this case is dismissed in its entirety, with prejudice.

DATED:

5/1/09

The Honorable Howard R. Lloyd Judge of the United States District Court

94104

STIP FOR DISMISSAL 5:07-CV-03457 HRL

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22675\1767135.1

Case 5:07-cv-03457-HRL

Document 152

Filed 04/22/2009

Page 3 of 3

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Patella Hraon & Martel LLP 235 Montgomery Sheet, 17th Floor San Pranei-,CA (415) 9544400 11

PROOF OF SERVICE I, the undersigned, declare that I am a resident of the State of California, employed in the County of San Francisco, over the age of eighteen years and not a party to the within action. My business address is: Farella Braun + Martel LLP, 235 Montgomery Street, 17th Floor, San Francisco, California 94104. On this date I served the within document(s): STIPULATION FOR DISMISSAL WITH PREJUDICE PURSUANT TO SETTLEMENT AGREEMENT X BY ELECTRONIC FILING: the within document(s), the automatically generated notification for which constitutes service pursuant to General Order 45, Section IX(A) and (B). X MAIL : by placing a true copy thereof, addressed as set forth below and enclosed in a sealed envelope with postage thereon fully prepaid and deposited for collection and mailing with the U. S. Postal Service . I am readily familiar with the ordinary business practice of this office for processing mail. John Allan Stottlemire 4509 Wayland Court High Point, NC 27265 Telephone: [phone] E-mail: [e-mail] Defendant - Pro Se I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed in San Francisco, California on April 22, 2009.

/s/ Lawrence L. Coles

94104

STIP FOR DISMISSAL 5:07-CV-03457 HRL

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22675\1767135.1