Yue v. Chordiant Software, Inc., et al

Filing 609

STIPULATION AND ORDER GRANTING Dismissal of Action with Prejudice and Releasing Deposited Funds. ORDER the Clerk of the Court to issue a cashiers check in the name of Pegasystems Inc. in the amount of $1,843,457.80 plus any interest accr ued since that amount was deposited by Pegasystems Inc. on November 15, 2010, 589 such check to issue forthwith after entry of dismissal of this action by the Court. re 606 Stipulation. ***Deadlines terminated. Motions terminated: 545 MOTION f or Attorney Fees, 596 MOTION for Attorney Fees 594 REPORT AND RECOMMENDATIONS re 545 MOTION. Signed by Judge James Ware on 4/21/2011. (ecg, COURT STAFF) (Filed on 4/21/2011) Modified on 4/21/2011 (cv, COURT STAFF). Modified on 4/21/2011 (cv, COURT STAFF).

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LAURENCE F. PULGRAM (CSB NO. 115163)
[e-mail]
JEDEDIAH WAKEFIELD (CSB NO. 178058)
[e-mail]
MARY E. MILIONIS (CSB NO. 238827)
[e-mail]
LIWEN A. MAH (CSB NO. 239033)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
PEGASYSTEMS INC. and DEREK WITTE

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[ADDITIONAL PARTY APPEARS ON
SIGNATURE PAGE]

ATTO RNEY S AT LAW
SAN FRA NCI S CO

UNITED STATES DISTRICT COURT

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F ENWICK & W ES T LLP

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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NETBULA, LLC and DONGXIAO YUE,

Case No. 5:08-cv-00019-JW (HRL)

Plaintiffs,

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v.

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STIPULATION AND [PROPOSED]
ORDER DISMISSING ACTION WITH
PREJ UDICE AND RELEASING
DEPOSITED FUNDS

CHORDIANT SOFTWARE, INC. 1, et al.,

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Defendants.

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On February 17, 2011, the Court entered an order whereby Pegasystems Inc., as successor-ininterest to Chordiant Softare, Inc., was substituted as the defendant pursuant to Federal Rule of
Civil Procedure 25. See Dkt. No. 605.
STIPULATION & [PROPOSED] ORDER
DISMISSING ACTION WITH PREJUDICE
AND RELEASING DEPOSITED FUNDS

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CASE NO. 5:08-CV-00019-JW (HRL)

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WHEREAS on or about November 15, 2010, in lieu of posting a supersedeas bond,

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Pegasystems Inc. (“Pegasystems”), the successor-in-interest to Chordiant, deposited a cashier’s

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check in the amount of $1,843,457.80 with the Clerk of the Court and for the benefit of Chordiant

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(Dkt. No. 589);

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WHEREAS on or about November 17, 2010, the Court entered an Order approving the

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deposit in lieu of a supersedeas bond and stayed execution of the judgment in this action pending

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appeal (Dkt. No. 591);

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WHEREAS the November 17 Order further instructed the “Clerk of the Court [to] deposit
the cashier check and hold on to the funds subject to further order of the Court”;
WHEREAS on or about February 17, 2011, the Court entered an order whereby

ATTO RNEY S AT LAW
SAN FRA NCI S CO

Pegasystems was substituted in for Chordiant pursuant to Federal Rule of Civil Procedure 25

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F ENWICK & W ES T LLP

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(Dkt. No. 605);

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WHEREAS the parties have reached a settlement that fully resolves the issues between
the parties.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Netbula, LLC

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and Dongxiao Yue (collectively, “Plaintiffs”) and Defendants Pegasystems Inc., formerly

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Chordiant Software, Inc., and Derek Witte (collectively, “Defendants”), by and through their

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respective undersigned counsel, that (1) the Judgment entered in this action shall be deemed

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satisfied; (2) the award of costs to Plaintiffs shall be deemed satisfied; and (3), pursuant to

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Federal Rule of Civil Procedure 41(a)(2), any and all remaining claims, including the claim

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reflected in the Court’s report and recommendation [Dkt. No. 594] asserted in the above-

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captioned matter be and hereby are DISMISSED WITH PREJUDICE, each party to bear its own

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attorneys’ fees and costs.

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Additionally, THE PARTIES HEREBY STIPULATE AND REQUEST THE COURT TO

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ORDER the Clerk of the Court to issue a cashier’s check in the name of Pegasystems Inc. in the

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amount of $1,843,457.80 plus any interest accrued since that amount was deposited by

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Pegasystems Inc. on November 15, 2010, such check to issue forthwith after entry of dismissal of

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this action by the Court.
STIPULATION & [PROPOSED] ORDER
DISMISSING ACTION WITH PREJUDICE
AND RELEASING DEPOSITED FUNDS

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CASE NO. 5:08-CV-00019-JW (HRL)

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SO STIPULATED

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Dated: April 13, 2011

FENWICK & WEST LLP
By:

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/s/ Jedediah Wakefield
Jedediah Wakefield

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Attorneys for Defendants PEGASYSTEMS INC.
and DEREK P. WITTE

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By:

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Dated: April 13, 2011

/s/ Antonio L. Cortés
Antonio L. Cortés

Attorney for Plaintiffs NETBULA, LLC and
DONGXIAO YUE

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ATTORNEY ATTESTATION

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ATTO RNEY S AT LAW
SAN FRA NCI S CO

F ENWICK & W ES T LLP

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Pursuant to General Order 45, I hereby attest that that concurrence in the filing of this
document has been obtained from the signatory indicated by a ‘conformed’ signature (/s/) within
this e-filed document.

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/s/ Jedediah Wakefield
Jedediah Wakefield

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April _____, 2011

The Honorable James Ware
United States District Court Judge

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26257/00401/SF/5334742.1

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STIPULATION & [PROPOSED] ORDER
DISMISSING ACTION WITH PREJUDICE
AND RELEASING DEPOSITED FUNDS

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CASE NO. 5:08-CV-00019-JW (HRL)