Harpercollins Publishers LLC v. Gawker Media LLC

Filing 12

STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED that Gawker hereby agrees not to re-publish, distribute or otherwise transmit in the future the Item, the Revised Item or any of the pages of the Book included in the Item or the Revised Item. Gawker agrees to use its best efforts to ensure that the Item and the Revised Item are not available in any search engine caches. HarperCollins acknowledges that Gawker has a right to comment on the contents of the Book in a manner consistent with the doctrine of fair use, as set forth in 17 U.S.C. 107. Pursuant to Gawker's agreement, as set forth in Paragraphs 1 and 2 above, it is hereby stipulated that, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, the above-captioned action is hereby dismissed and discontinued with prejudice and without costs or attorney's fees to any party. This Court shall maintain jurisdiction to enforce this Stipulation. (Signed by Judge Paul G. Gardephe on 11/29/2010) (jfe)