Dazzlesmile et al v. Epic Advertising et al

Filing 57

Stipulated MOTION to Stay Action Pending Completion of Settlement Obligations filed by Defendants 1021018 Alberta, Farend Services, Jesse David Willms. (Attachments: # 1 Text of Proposed Order)(Kronenberger, Karl)

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION DAZZLESMILE, LLC, a Utah limited liability company, and OPTIMAL HEALTH SCIENCE, LLC, a Utah limited liability company, Plaintiffs, v. EPIC ADVERTISING, INC., a purported Delaware corporation AKA AZOOGLE.COM, INC., AKA AZOOGLEADS US INC., and AKA EPIC/AZOOGLE; AZOOGLE.COM, INC., a Delaware corporation; AZOOGLEADS US, INC., a non-public Delaware corporation; FAREND SERVICES LIMITED, a Cyprus registered company; JESSE DAVID WILLMS, an individual;1021018 ALBERTA LTD, a Numbered Alberta Canadian Corporation AKA JUST THINK MEDIA; ATLAST HOLDINGS, INC., a Colorado corporation, d/b/a ATLAST FULFILLMENT; NEVERBLUE MEDIA, INC., a Canadian corporation; GOOGLE, INC., a Delaware corporation, YAHOO! INC., a Delaware corporation; MICROSOFT CORPORATION, a Washington corporation; and DOES 1-10, Defendants. / Plaintiffs Dazzlesmile, LLC and Optimal Health Science, LLC (collectively, "Plaintiffs") and Defendants Jesse Willms, Farend Services, Ltd., 1021018 Alberta Ltd. dba JustThink Media (collectively, "JustThink Defendants"), Epic Advertising, Inc., Azoogleads US, Inc., Azoogle.com, Inc., Yahoo! Inc., Google, Inc., Microsoft Case No. 2:09-cv-01043-PMW STIPULATION AND REQUEST FOR STAY OF ACTION PENDING COMPLETION OF SETTLEMENT OBLIGATIONS 1 Corporation and Neverblue Media, Inc., by and through their counsel, hereby stipulate and agree as follows: WHEREAS, on or about June 4, 2010, Plaintiffs and the JustThink Defendants, by and through their counsel, reached an agreement conditionally resolving the abovecaptioned action (the "Settlement"); WHEREAS the Plaintiffs and the JustThink Defendants have executed a confidential settlement agreement; WHEREAS the JustThink Defendants' obligations under the Settlement include future obligations to be completed by August 31, 2010; NOW, THEREFORE, the Plaintiffs and the JustThink Defendants, through their respective counsel, hereby respectfully request a stay of the instant action pending the JustThink Defendants' completion of their obligations in accordance with the Settlement. The remaining defendants do not oppose the stay and, through their respective counsel, hereby stipulate to staying the action so that Plaintiffs and the JustThink Defendants can have the opportunity to amicably resolve this matter without the Court's intervention. Plaintiffs agree to promptly inform this Court and, either (1) seek a lift of the stay upon the JustThink Defendants' failure to comply with their obligations under the Settlement; or (2) file a Notice of Dismissal and Stipulation of Dismissal dismissing all claims and counterclaims, which has already been executed by the parties conditioned upon and for filing after the JustThink Defendants' compliance with their obligations under the Settlement. IT IS SO STIPULATED. 2 DATED: June 4, 2010 KRONENBERGER BURGOYNE, LLP By: s/ Karl S. Kronenberger Karl S. Kronenberger Attorneys for Defendants, JESSE DAVID WILLMS 1021018 ALBERTA LTD., and FAREND SERVICES LIMITED DATED: June 4, 2010 FABIAN & CLENDENIN By: s/ Jason W. Hardin Jason W. Hardin Attorneys for Plaintiffs dazzlesmile, llc and OPTIMAL HEALTH SCIENCE, LLC DATED: June 4, 2010 VAN COTT BAGLEY CORNWALL & MCCARTHY (SLC) By: s/ R. Lee Saber R. Lee Saber Attorneys for Defendant Epic Advertising, Inc. and Azoogleads US, Inc. DATED: June 4, 2010 QUINN EMANUEL URQUHART & SULLIVAN (REDWOOD) By: s/ Margaret M. Caruso Margaret M. Caruso Attorneys for Defendant Google, Inc. DATED: June 4, 2010 HOLLAND & HART (BOULDER) By: s/ Donald A. Degnan Donald A. Degnan Attorneys for Defendant Neverblue Media, Inc. 3 DATED: June 4, 2010 BRINKS HOFER GILSON & LIONE (IL) By: s/ David S. Fleming David S. Fleming Attorneys for Defendant Yahoo! DATED: June 4, 2010 RAY QUINNEY & NEBEKER P.C. By: s/ Mark M. Bettilyon Mark M. Bettilyon Attorneys for Defendant MICROSOFT CORPORATION 4 CERTIFICATE OF SERVICE I hereby certify that on June 4, 2010, I served the following document: 1) STIPULATION AND REQUEST FOR STAY COMPLETION OF SETTLEMENT OBLIGATIONS OF ACTION PENDING with the Court system using the CM/ECF system which will send notification of such filing to the following: Counsel for Plaintiffs Dazzlesmile, LLC and Optimal Science, LLC: Jason W. Hardin Fabian & Clendenin 215 South State Street, Suite 1200 Salt Lake City, Utah 84111-2323 Counsel for Google, Inc. Margaret M. Caruso Quinn Emanuel Urquhart & Sullivan (Redwood) 555 Twin Dolphin Dr 5th Fl Redwood Shores, CA 94065 Counsel for Yahoo! David S. Fleming Brinks Hofer Gilson & Lione (Il) 455 N City Front Plaza Dr., Ste 3600 Chicago, IL 60611 DATED: June 4, 2010 s/ Karl S. Kronenberger Karl S. Kronenberger Counsel for Defendant Epic Advertising, Inc.: R. Lee Saber Van Cott Bagley Cornwall & McCarthy 36 S State St Ste 1900 Po Box 45340 Salt Lake City, UT 84111 Counsel for Neverblue Media, Inc. Donald A. Degnan Holland & Hart (Boulder) One Boulder Plaza 1800 Broadway Ste 300 Boulder, CO 80302 Counsel for Microsoft Corporation Mark M. Bettilyon RAY QUINNEY & NEBEKER P.C. 36 South State Street, Suite 1400 Salt Lake City, Utah 84111 5

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