Microsoft Corporation v. Pak et al

Filing 42

ORDER re 41 Notice of Settlement. The settlement conference currently scheduled for February 24, 2017, is taken off calendar. Signed by Magistrate Judge Nancy J. Koppe on 2/21/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-00452-GMN-VCF Document 41 Filed 02/21/17 Page 1 of 4

1 JOHN K. GALLAGHER, ESQ. (SBN. 0956)
GUILD, GALLAGHER & FULLER, LTD.
2 100 West Liberty St., Suite 800
P.O. Box 2838
3 Reno, Nevada 89501
Telephone: [phone]
4 Facsimile: 775.322.9105
[e-mail]
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AUDRA M. MORI, ESQ. (admitted pro hac vice)
6 PERKINS COIE LLP
1888 Century Park East, Suite 1700
7 Los Angeles, CA 90067
Telephone: [phone]
8 Facsimile: 310.788.3399
[e-mail]
9 Attorneys for Plaintiff
MICROSOFT CORPORATION
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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA
MICROSOFT CORPORATION,
Plaintiff,
v.

JULIANNA PAK, an individual d/b/a
17 IBENEVOLO and IBENEVOLO.COM;
JULIANNA PAK, an individual; and MARK
18 PAK, an individual,
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Defendants.

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Case No. 2:16-cv-00452-GMN-VCF

NOTICE OF SETTLEMENT AND
REQUEST TO TAKE SETTLEMENT
CONFERENCE OFF CALENDAR

Plaintiff Microsoft Corporation (“Microsoft”) and Defendants Julianna Pak, an individual

22 doing business as ibenevolo and ibenevolo.com; Julianna Pak, an individual; and Mark Pak, an
23 individual (collectively “Defendants”) have reached a settlement in this matter, and thus Microsoft
24 requests that the Settlement Conference scheduled for 1:00 p.m. on February 24, 2017, be taken
25 off calendar. In support of its request, Microsoft states as follows:
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1.

On or about January 4, 2017, the parties agreed to the terms of a settlement but

27 required time to draft and execute settlement documents. A further Settlement Conference, which
28 was then scheduled to take place on January 6, 2017, was continued until February 3, 2017, and it

41826-5600.0155/134509912.1

Case 2:16-cv-00452-GMN-VCF Document 41 Filed 02/21/17 Page 2 of 4

1 was later continued to February 24, 2017 at 1:00 p.m. Settlement documents were drafted and
2 circulated, but Defendants’ counsel was unable to obtain signatures from Defendants prior to
3 moving to withdraw as their counsel, as it was difficult for him to reach them.
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2.

On Friday, February 17, 2017, Microsoft’s counsel’s received signed settlement

5 documents from Defendants, and Microsoft’s counsel is now obtaining Microsoft’s signatures on
6 the documents.
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3.

As part of the settlement, the parties must submit two documents to the Court, a

8 Stipulated Permanent Injunction and a Consent Judgment, and request that the Court enter them.
9 Microsoft plans to submit these documents as soon as possible.
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4.

Within fourteen days of entry of the Stipulated Permanent Injunction and Consent

11 Judgment, Microsoft intends to seek dismissal of this action.
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5.

Therefore, Microsoft requests that the Settlement Conference that is currently

13 scheduled for Friday, February 24, 2017 at 1:00 p.m. be taken off calendar. 1
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6.

Microsoft has informed Defendants that it would request to have the Settlement

15 Conference taken off calendar in light of their execution of the settlement documents.
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WHEREFORE, Microsoft requests that the Court enter an order taking the Settlement

17 Conference that is currently scheduled for Friday, February 24, 2017 at 1:00 p.m. off calendar.
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Respectfully Submitted,

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20 DATED: February 21, 2017

PERKINS COIE LLP

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By:/s/ Audra Mori
Audra Mori

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Attorneys for Plaintiff MICROSOFT
CORPORATION

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In the event that the Court denies this request, Microsoft and its counsel request to appear
at the February 24, 2017, conference by phone.
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NOTICE OF SETTLEMENT
41826-5600.0155/134509912.1

Case 2:16-cv-00452-GMN-VCF Document 41 Filed 02/21/17 Page 3 of 4

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ORDER

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IT IS SO ORDERED.

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The settlement conference currently scheduled for February 24, 2017, is taken off calendar.

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_____________________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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February 21, 2017
DATED: ____________________________

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NOTICE OF SETTLEMENT
41826-5600.0155/134509912.1