Allstate Insurance Company v. Driveway Software Corporation et al

Filing 41

ORDER GRANTING STIPULATION RE: SETTLEMENT AND 60 DAY STAY OF PROCEEDINGS 39 . Signed by Judge Nathanael Cousins on 2/22/2016. (lmh, COURT STAFF) (Filed on 2/22/2016)

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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

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Peter L. Haviland (State Bar No. 144967)
Scott S. Humphreys (State Bar No. 298021)
BALLARD SPAHR LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
ALLSTATE INSURANCE COMPANY
Andrew P. Bridges (State Bar No. 122761)
Jedediah Wakefield (State Bar No. 178058)
Eric Ball (State Bar No. 241327)
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
DRIVEWAY SOFTWARE CORPORATION,
JAKE DINER a/k/a YAKOV DINER, and
IGOR KATSMAN

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ALLSTATE INSURANCE COMPANY,
Plaintiff,

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v.
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DRIVEWAY SOFTWARE CORPORATION,
a Delaware Corporation; JAKE DINER a/k/a
YAKOV DINER, an individual; IGOR
KATSMAN, an individual; and DOES 1
through 20, inclusive.
Defendants.

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STIPULATION AND ORDER
RE: SETTLEMENT AND 60-DAY STAY OF PROCEEDINGS

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Case No. 5:15-cv-04209-NC
STIPULATION AND ORDER RE:
SETTLEMENT AND 60-DAY STAY
OF PROCEEDINGS
Judge: Hon. Nathanael M. Cousins
Complaint Filed: Sept. 15, 2015

CASE NO. 5:15-CV-04209-NC

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Plaintiff Allstate Insurance Company and Defendants Driveway Software Corporation,
Jake Diner and Igor Katsman (collectively, the “Parties”) stipulate and agree as follows:
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Following a Court-ordered ADR process with the Court’s ADR Mediator

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Tamara Lange, the Parties have agreed to a fully executed Settlement Agreement resolving the

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captioned matter (the “Action”).

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2.

The Settlement Agreement requires that certain terms be satisfied by Defendants

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within the next sixty (60) days, and, upon satisfaction of those terms, Plaintiff will file a

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dismissal with prejudice of the Action.

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3.

The Settlement Agreement calls for the Parties to jointly request – and the Parties

do hereby so request – that this Court stay all proceedings for sixty (60) days, and vacate any

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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

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pending deadlines during that sixty-day period, to permit satisfaction of the terms of the

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Settlement Agreement and submission of the dismissal with prejudice. The Parties also jointly

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request that the Court set a Status Conference on or about April 27, 2016, which Status

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Conference shall be vacated if the dismissal with prejudice has been filed as anticipated in the

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Settlement Agreement by that date.

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DATED: February 22, 2016

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BALLARD SPAHR LLP
By:

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/s/ Scott S. Humphreys
Scott S. Humphreys

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Attorneys for Plaintiff
ALLSTATE INSURANCE COMPANY

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DATED: February 22, 2016
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FENWICK & WEST LLP
By:

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/s/ Eric Ball
Andrew P. Bridges
Jedediah Wakefield
Eric Ball

Attorneys for Defendants
DRIVEWAY SOFTWARE CORPORATION,
JAKE DINER, and IGOR KATSMAN

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The filer of this document attests that concurrence in the filing of the document has been obtained
from each of the other Signatories which shall serve in lieu of their signatures on the document.

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STIPULATION AND ORDER
RE: SETTLEMENT AND 60-DAY STAY OF PROCEEDINGS

CASE NO. 5:15-CV-04209-NC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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GRAN

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thanael M
Judge Na

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Cousins

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FO

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The Honorable Nathanael M. Cousins
United States District Court Magistrate Judge

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UNIT
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DATED: February 22, 2016

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S DISTRICT
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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

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STIPULATION AND ORDER
RE: SETTLEMENT AND 60-DAY STAY OF PROCEEDINGS

CASE NO. 5:15-CV-04209-NC

CERTIFICATE OF SERVICE

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I hereby certify that on this 22nd day of February, 2016, I electronically filed a true and

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correct copy of the foregoing STIPULATION AND [PROPOSED] ORDER RE: SETTLEMENT

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AND 60-DAY STAY OF PROCEEDINGS with the Clerk of the Court using the CM/ECF

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system, which will cause same to be served on all parties through their counsel of record.

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I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct.
Executed on February 22, 2016 at Los Angeles, California.
/s/ Scott S. Humphreys
Scott S. Humphreys

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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

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STIPULATION AND ORDER
RE: SETTLEMENT AND 60-DAY STAY OF PROCEEDINGS

CASE NO. 5:15-CV-04209-NC