Girafa.Com,Inc. v. Alexa Internet, Inc. et al

Filing 70

STIPULATION AND ORDER 69 for Attorneys Fees and Costs: Motions terminated: 61 MOTION for Attorney Fees Pursuant to California Code of Civil Procedure Section 425.16(c) MOTION for Attorney Fees Pursuant to California Code of Civil Procedure Section 425.16(c) filed by Alexa Internet, Inc., Niall O'Driscoll. Signed by Judge Ronald M. Whyte on 11/18/08. (jg, COURT STAFF) (Filed on 11/18/2008)

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John B. Scherling (SBN 122234) [e-mail] Scott H. Davison (SBN 228807) [e-mail] m SUGHRUE MION, PLLC 501 West Broadway, Suite 1600 San Diego, California 92101-3595 Tel: [phone] Fax: [phone] William H. Mandir (pro hac vice) [e-mail] m John F. Rabena (pro hac vice) [e-mail] Carl J. Pellegrini (pro hac vice [e-mail] m Chandran B. Iyer (pro hac vice) [e-mail] m SUGHRUE MION, PLLC 2100 Pennsylvania Avenue, N.W. Washington, D.C. 20037 Tel: [phone] Fax: [phone] Attorneys for Plaintiff GIRAFA.COM, INC.

Elizabeth Day (SBN 177125) [e-mail] Gregory J. Lundell (SBN 234941) [e-mail] m DLA PIPER US LLP 2000 University Avenue East Palo Alto, California 94303-2214 Tel: [phone] Fax: [phone] John R. Hurley (SBN 203641) jo [e-mail] DLA PIPER US LLP 153 Townsend Street, Suite 800 San Francisco, California 94107-1957 Tel: [phone] Fax: [phone] Thomas G. Pasternak (pro hac vice) [e-mail] R. David Donoghue (pro hac vice) [e-mail] DLA PIPER US LLP 203 North Lasalle Street, Suite 1400 Chicago, Illinois 60601-1293 Tel: [phone] Fax: [phone] Attorneys for Defendant ALEXA INTERNET, INC.; NIALL O'DRISCOLL,

*E-FILED - 11/18/08*
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GIRAFA.COM, INC., Plaint iff, v. ALEXA INTERNET, INC.; NIALL O'DRISCO LL, Defendants. Case No.: 08-2745 RMW (RS) STIPULATION AND [] ORDER FOR ATTORNEYS FEES AND COSTS PURSUANT TO CAL. CODE OF CIVIL PROCEDURE § 425.16(c)

Stipulation and Order For Attorn eys Fees and Costs 08-2745 RMW (RS)

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On October 6, 2008 the Court filed its Order Granting Defendants' Motion to Stay; Denying Defendants' Motion to Dismiss or Transfer; and Granting Motions to Dismiss and Strike Plaintiff's Third Claim. In light of the Court granting Defendants' Motion to Strike Plaintiff's Third Claim (the "Mot ion to Strike"), Defendants on October 17, 2008 filed Defendants' Motion for Attorneys' Fees and Costs Pursuant to California Code of Civil Procedure Section 425.16(c) (the "Motion for Attorneys' Fees and Costs"), seeking their fees and costs for bringing the Motion to Strike and the Motion to for Attorneys' Fees and Costs. Through undersigned counsel, Plaintiff and Defendants hereby stipulate and agree: Wit hin fourteen days of entry of the Order on this Stipulation, Plaintiff will pay Defendants the total sum of $16,000 in full satisfaction of all attorneys' fees, costs and expenses to which Defendants are entitled pursuant to § 425.16(c) for the Motion to Strike and the Motion for Attorneys' Fees and Costs; and The Motion for Attorneys' Fees and Costs, presently scheduled for hearing on November 21, 2008 may be taken off calendar.

DATED: October 31, 2008

SUGHRUE MION, PLLC By: /s/ John B. Scherling John B. Scherling Attorneys for Plaintiff GIRAFA.COM, INC.

DATED: October 31, 2008

DLA PIPER US LLP By: /s/ Elizabeth Day (by consent) Elizabeth Day Attorneys for Defendant ALEXA INTERNET, INC.

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Stipulation and Order For Attorn eys Fees and Costs 08-2745 RMW (RS)

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 Dated: 11/18/08

ECF CERTIFICATION Pursuant to General Order No. 45, § X.B, the filing attorney attests that the content of this document is acceptable to all persons required to sign this document. ORDER This Stipulation and Order is hereby adopted by the Court. Defendants are awarded the total sum of $16,000 in full satisfaction of all attorneys' fees, costs and expenses to which Defendants are ent it led pursuant to § 425.16(c) for the Motion to Strike and the Motion for Attorneys' Fees and Costs, with payment to be made within fourteen days of the entry of this Order. The Court hereby vacates the hearing date of November 21, 2008 on the Motion for Attorneys' Fees and Costs. PURSUANT TO STIPULATION, IT IS SO ORDERED.

Honorable Ronald M. Whyte UNITED STATES DISTRICT JUDGE

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