Spark Network Services, Inc. v. Match.Com, LP et al

Filing 62

MOTION by Plaintiff Spark Network Services, Inc., Defendant Yahoo!, Inc. for order entering Stipulation and [Proposed] Order of Dismissal with respect to Defendant Yahoo (Attachments: #1 Exhibit 1-Stipulation and [Proposed] Order of Dismissal#2 Certificate of Service)(Niro, Raymond)

Spark Network Services, Inc. v. Match.Com, LP et al

Doc. 62 Att. 1

Case 1:07-cv-00570

Document 62-2

Filed 10/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SPARK NETWORK SERVICES, INC. Plaintiff, v. MATCH.COM, LP, eHARMONY.COM., INC. and YAHOO!, INC., Defendants. STIPULATATION AND [PROPOSED] ORDER OF DISMISSAL IT IS HEREBY STIPULATED by and between Plaintiff Spark Network Services, Inc. ("Spark"), and Defendant Yahoo!, Inc. ("Yahoo") that Spark and Yahoo have agreed to a compromise and settlement of the above-captioned action (this "Civil Action") and all claims, defenses and counterclaims that were or could have been brought in this action. The parties also expressly consent to the reservation of jurisdiction over this Civil Action by this Court for the purpose of enforcing the terms of the settlement agreement between the parties effective as of September 12, 2007 (the "Settlement Agreement") pursuant to which Spark and Yahoo agreed to dismiss this Civil Action with prejudice. Each party agrees to bear its own costs. WHEREFORE, with the consent of Spark and Yahoo, through their undersigned attorneys, it is hereby ORDERED, ADJUDGED, and DECREED that, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure: 1. All claims, defenses and/or counterclaims that were or could have been made by Civil Action No. 1:07-cv-00570

and between Spark and Yahoo relating to this Civil Action are hereby dismissed with prejudice. 2. Spark has not released, and nothing in this Order shall be construed as a release or

discharge of, any claim Spark has made against or may have in the future against Defendants

Dockets.Justia.com

Case 1:07-cv-00570

Document 62-2

Filed 10/23/2007

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Match.com, LP and eHarmony.com, Inc. All such rights have been and are expressly reserved by Spark. 3. 4. Spark and Yahoo shall each bear its own costs and attorneys' fees. This Court retains jurisdiction over Spark and Yahoo for the purpose of enforcing

the Settlement Agreement between them relating to this Civil Action or any action relating to the enforcement of this Order. SO ORDERED: ENTERED: United States District Judge AGREED TO: /s/ Raymond P. Niro, Jr. Paul K. Vickrey Raymond P. Niro, Jr. Frederick C. Laney NIRO, SCAVONE, HALLER & NIRO 181 West Madison Street, Suite 4600 Chicago, IL 60602 [phone] Fax: [phone] [e-mail]; [e-mail]; [e-mail] Attorneys for Plaintiff, Spark Networks Services, Inc. /s/ Jason C. White signed with permission Jason C. White Stephanie J. Felicetty William H. Frankel BRINKS HOFER GILSON & LIONE NBC Tower ­ Suite 3600 455 North Cityfront Plaza Drive Chicago, IL 60611 [phone] [e-mail]; [e-mail]; [e-mail] Attorneys for Defendant, Yahoo!, Inc.

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Case 1:07-cv-00570

Document 62-2

Filed 10/23/2007

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CERTIFICATE OF SERVICE I hereby certify that on October 23, 2007, I caused the foregoing STIPULATATION AND [PROPOSED] ORDER OF DISMISSAL to be electronically filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to counsel listed above and:
Counsel for Match.com Craig A. Varga Elizabeth Barry VARGA BERGER LEDSKY HAYES & CASEY 224 South Michigan Avenue, Suite 350 Chicago, IL 60604 [phone] Fax: [phone] [e-mail] [e-mail] Larry D. Carlson Kevin J. Meek Chad C. Walters John C. Nickelson BAKER BOTTS L.L.P. 2001 Ross Avenue Dallas, TX 75201 [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Counsel for eHarmony.com Leif R. Sigmond, Jr. S. Richard Carden Jennifer M. Kurcz MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP 300 S. Wacker Drive Suite 3200 Chicago, IL 60606 [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Matthew J. Hult Chris R. Ottenweller Robert E. Freitas Chester Day Sugithra Somasekar ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Amy Beckman ORRICK, HARRINGTON & SUTCLIFFE LLP 666 Fifth Avenue New York, NY 10103 [phone] Fax: [phone] [e-mail]

I certify that all parties in this case are represented by counsel who are CM/ECF participants. /s/ Raymond P. Niro, Jr. Attorney for Spark

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