Google LLC v. Kydia Inc.

Filing 80

ORDER GRANTING STIPULATED DISMISSAL OF THE CASE UNDER FED. R. CIV. P. 41(A)(1)(A)(II) 79 . Signed by Judge Nathanael Cousins on 6/5/2019. (lmh, COURT STAFF) (Filed on 6/5/2019)

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COOLEY LLP
WHITTY SOMVICHIAN (194463)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone: [phone]
Facsimile: [phone]

SYVERSON, LESOWITZ & GEBELIN LLP
Scott Lesowitz (261759)
([e-mail])
8383 Wilshire Boulevard, Suite 520
Beverly Hills, California 90211
T: [phone]

COOLEY LLP
BRENDAN J. HUGHES
(Admitted Pro Hac Vice)
([e-mail])
REBECCA GIVNER-FORBES
(Admitted Pro Hac Vice)
([e-mail])
1299 Pennsylvania Avenue, NW, Ste. 700
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]

Attorney for Defendant Kydia Inc.

Attorneys for Plaintiff Google LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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GOOGLE LLC, a Delaware limited liability
company,

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Plaintiff,

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Case No. 18-cv-03047-NC
STIPULATED DISMISSAL OF THE CASE
UNDER FED. R. CIV. P. 41(A)(1)(A)(II)

v.
KYDIA INC. D/B/A BEYONDMENU, an
Illinois corporation, and DOES 1-20,
Defendant.

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STIPULATION TO DISMISS
CASE NO. 18-CV-03047-NC

STIPULATED DISMISSAL

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Plaintiff Google LLC (“Google”) and Defendant Kydia Inc. d/b/a BeyondMenu (“Kydia”), by

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and through their undersigned counsel, hereby notify the Court that they have agreed to a settlement

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agreement relating to Google’s claims, which was fully executed on June 3, 2019 (the “Settlement

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Agreement”).

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Pursuant to the Settlement Agreement, Google and Kydia hereby stipulate under Federal Rule

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of Civil Procedure 41(a)(1)(A)(ii) that the complaint in this matter be dismissed without prejudice and

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subject to Google’s ability to seek enforcement of the Settlement Agreement as described in Section

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12 of the Settlement Agreement.

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The parties jointly request that the Court retain jurisdiction over this action solely for purposes

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of enforcing the Settlement Agreement. A proposed order is submitted herewith.

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Dated: June 5, 2019

COOLEY LLP

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By: /s/ Whitty Somvichian

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Whitty Somvichian (194463)
Attorneys for Plaintiff Google LLC

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SYVERSON, LESOWITZ & GEBELIN LLP

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By: /s/ Scott Lesowitz

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Scott Lesowitz (261759)
Attorney for Defendant Kydia Inc.

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2.

STIPULATION TO DISMISS
CASE NO. 18-CV-03047-NC

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[Proposed] ORDER
Whereas the parties have entered into a settlement agreement on June 3, 2019 to resolve this
action (the “Settlement Agreement”), the Court hereby ORDERS:
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The complaint filed by Plaintiff Google LLC (“Google”) against Defendant Kydia Inc.

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d/b/a BeyondMenu (“Kydia”) is hereby dismissed without prejudice and subject to Google’s subject

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to Google’s ability to seek enforcement of the Settlement Agreement as described in Section 12 of the

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Settlement Agreement;

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The Court shall retain jurisdiction over this action solely for purposes of enforcing the

terms and remedies of the Settlement Agreement.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: ____________________
June 5, 2019

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thanael M
Judge Na

TED

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. Cousins

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R NIA

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GRAN

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The Honorable Nathanael Cousins
United States Magistrate Judge

UNIT
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___________________________________
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3.

STIPULATION TO DISMISS
CASE NO. 18-CV-03047-NC

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ATTESTATION

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Pursuant to Local Rule 5-1(i)(3) regarding signatures, I, Whitty Somvichian, attest that

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concurrence in the filing of this document has been obtained from each of the other signatories. I

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declare under penalty of perjury under the laws of the United States of America that the foregoing is

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true and correct. Executed this 5th day of June, 2019, at San Francisco, California.

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/s/ Whitty Somvichian

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4.

STIPULATION TO DISMISS
CASE NO. 18-CV-03047-NC