Williams v. Scribd, Inc. et al

Filing 28

Joint MOTION to Dismiss as to Defendant Scribd, Inc. by Larry Williams. (Hallock, Kurt) (kaj).

Williams v. Scribd, Inc. et al

Doc. 28

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Kurt W. Hallock, CSB #131893 LAW OFFICE OF KURT W. HALLOCK 110 West "C" Street, Suite 1905 San Diego, California 92101 [e-mail] Telephone: [phone] Facsimile : [phone] Attorney for Plaintiff LARRY WILLIAMS Richard P. Sybert, Bar No. 80731 email [e-mail] Yuo-Fong C. Amato, Bar No. 261453 email [e-mail] GORDON & REES LLP 101 W. Broadway, Suite 1600 San Diego, California 92101 tel [phone] / fax [phone] Attorneys for Defendant SCRIBD, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA LARRY WILLIAMS, ) ) Plaintiff, ) vs. ) ) SCRIBD, INC., a corporation, GalaxiaMia sued as ) DOE 1; api_user_11797_malvik as DOE 2; ) alukmanto as DOE 3; api_user_11797_NEBOJSAJE ) as DOE 4; mikaj as Doe 5; Srikanthbnm sued as ) DOE 6; api_user_11797_Sathis sued as DOE 7; ) api_user_11797_tevado... sued as DOE 8; ) api_user_11797_ingrid... sued as DOE 9; and DOES ) 10 to 40 are upload infringers to be named, ) ) Defendants. ) CASE NO. 09-cv-1836-LAB-BGS JOINT MOTION FOR DISMISSAL OF CLAIMS AGAINST DEFENDANT SCRIBD, INC.

/// -1JOINT MOTION FOR DISMISSAL
U.S.D.C. Case #09-cv-1836-LAB-BGS

Dockets.Justia.com

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Plaintiff Larry Williams ("Plaintiff") and Defendant Scribd, Inc. ("Defendant" or "Scribd") respectfully submit this Joint Motion for Dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Plaintiff and Defendant hereby jointly move to dismiss with prejudice all remaining claims in this action as to Defendant Scribd, based on a private, confidential settlement agreement. The parties reached the settlement before Magistrate Judge Bernard G. Skomal and consented to Judge Skomal's retention of jurisdiction for the enforcement of the settlement and all further action in this case. Accordingly, the parties respectfully request that this Court dismiss Plaintiff's remaining claims against Defendant Scribd with prejudice nunc pro tunc to enforcement of the private settlement by Magistrate Judge Skomal.

Respectfully submitted, Dated: October 29, 2010 LAW OFFICES OF KURT W. HALLOCK by s/Kurt W. Hallock/ Kurt W. Hallock Attorney for Plaintiff LARRY WILLIAMS Dated: October 29, 2010 GORDON & REES LLP by s/Richard P. Sybert/ Richard P. Sybert Yuo-Fong C. Amato Attorneys for Defendant SCRIBD, INC.

-2JOINT MOTION FOR DISMISSAL
U.S.D.C. Case #09-cv-1836-LAB-BGS

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Signature Certification Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures Manual, I hereby certify that the content of this document is acceptable to Richard P. Sybert, counsel of record for Defendant Scribd, Inc., and that I have obtained Mr. Sybert's authorization to affix his electronic signature to this document. Dated: October 29, 2010 LAW OFFICES OF KURT W. HALLOCK by s/Kurt W. Hallock/ Kurt W. Hallock Attorney for Plaintiff LARRY WILLIAMS PROOF OF SERVICE I, the undersigned, declare that I am over the age of eighteen years and not a party to this action. I am employed in the County of San Diego where this service occurred. My business address is 110 West "C" Street, Suite 1905, San Diego, California 92101. I hereby certify that on October 29, 2010, I electronically transmitted: 1) Joint Motion for Dismissal of Claims Against Defendant Scribd, Inc.; 2) [Proposed] Order Granting Joint Motion for Dismissal. To the Clerk's Office pursuant to Electronic Case Filing Administrative Policies and Procedures using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the Following CM/ECF registrants who have consented to electronic service through the Court's transmission facilities: Richard P. Sybert, e-mail: [e-mail]; Yuo-Fong C. Amato, e-mail: [e-mail]; Attorneys for Defendant Scribd, Inc. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on October 29, 2010 at San Diego, CA. ____s/Kurt W. Hallock_________________ Kurt W. Hallock -3JOINT MOTION FOR DISMISSAL
U.S.D.C. Case #09-cv-1836-LAB-BGS

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ACEW/1060327/8687169v.1

-4JOINT MOTION FOR DISMISSAL
U.S.D.C. Case #09-cv-1836-LAB-BGS