Nextdoor.com, Inc. v. Abhyanker, No. 3:2012cv05667 - Document 416 (N.D. Cal. 2014)

Court Description: STIPULATION AND ORDER re 414 STIPULATION WITH PROPOSED ORDER for Final Judgment and Dismissal filed by Nextdoor.com, Inc.. Signed by Judge Edward M. Chen on 12/5/14. (bpf, COURT STAFF) (Filed on 12/5/2014)

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Nextdoor.com, Inc. v. Abhyanker 1 2 3 4 5 6 7 8 9 10 SAN FRANCISCO 12 ATTORNEYS AT LAW F ENWICK & W EST LLP 11 13 Doc. 416 LAURENCE F. PULGRAM (CSB No. 115163) lpulgram@fenwick.com JENNIFER L. KELLY (CSB No. 193416) jkelly@fenwick.com ILANA S. RUBEL (CSB No. 221517) irubel@fenwick.com GUINEVERE L. JOBSON (CSB No. 251907) gjobson@fenwick.com FENWICK & WEST LLP 555 California Street San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 ERIC J. BALL (CSB No. 241327) eball@fenwick.com MATTHEW B. BECKER (CSB No. 291865) mbecker@fenwick.com FENWICK AND WEST LLP 801 California Street Mountain View, CA 94041 Telephone: (650) 988-8500 Facsimile: (650) 938-5200 Attorneys for Plaintiff NEXTDOOR.COM, INC. 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 NEXTDOOR.COM, INC., a Delaware corporation, 22 23 SITPULATION AND [PROPOSED] ORDER FOR FINAL JUDGMENT AND DISMISSAL Plaintiff, 20 21 Case No.: 3:12-cv-05667-EMC-NMC v. Case Filed: November 5, 2012 Judge: Hon. Edward M. Chen RAJ ABHYANKER, an individual, Defendant. 24 Plaintiff Nextdoor.com, Inc. (“Nextdoor.com”) and Defendant Raj Abhyanker 25 (“Abhyanker”), through their counsel of record, hereby stipulate and agree, and request the Court 26 to enter the following Stipulated Final Judgment and Dismissal, resolving all matters in dispute in 27 28 FORM OF ORDER FOR FINAL JUDGMENT AND DISMISSAL 1 CASE NO. 3:12-cv-05667-EMC-NMC Dockets.Justia.com 1 2 this action between them: 1. In accordance with the Court’s Orders of June 17, 2014 and September 19, 2014 3 (Dkt. Nos. 226, and 340), all of Abhyanker’s Counterclaims have been dismissed with prejudice, 4 which operates as a final adjudication on the merits of such Counterclaims, including 5 Abhyankers’ Second Cause of Action alleging infringement of the FATDOOR trademark. 6 2. In accordance with the Court’s oral ruling on October 16, 2014 and its Minute 7 Order at Dkt. 361, Nextdoor.com’s motion for summary judgment on its Count IV (Dkt. 332) has 8 been granted. Abhyanker and his agents, servants, assigns, employees, and those in active 9 concert or participation with any of them who receive actual notice of this order shall not utilize 10 SAN FRANCISCO 12 ATTORNEYS AT LAW F ENWICK & W EST LLP 11 13 14 15 16 the trademark NEXTDOOR or any derivative thereof or confusingly similar term. 3. The remaining claim of Nextdoor.com not heretofore adjudicated or dismissed in this action (Count III) is hereby dismissed with prejudice. 4. This Court shall retain jurisdiction to enforce its judgments in this action and any agreement of the parties with respect thereto. STIPULATED AND AGREED TO this 2nd day of December, 2014. Dated: December 2, 2014 FENWICK & WEST LLP 17 18 By: /s/ Laurence F. Pulgram Laurence F. Pulgram 19 Attorneys for Plaintiff NEXTDOOR.COM, INC. 20 21 22 Dated: December 2, 2014 LEGALFORCE RAJ ABHYANKER, PC 23 By: /s/ David Lavine David Lavine 24 25 Attorneys for Defendant RAJ ABHYANKER 26 27 28 FORM OF ORDER FOR FINAL JUDGMENT AND DISMISSAL 2 CASE NO. 3:12-cv-05667-EMC-NMC ATTORNEY ATTESTATION 1 2 By the electronic signature below, counsel for Plaintiff, Nextdoor.com, Inc., attests that he 3 is the CM/ECF user whose identification and password are being used to file the instant 4 document, and that pursuant to Civil Local Rule 5-1(i)(3), counsel for Respondents, whose 5 electronic signature appears below, provided their authority to file this document. 6 7 By: /s/ Laurence F. Pulgram Laurence F. Pulgram 8 9 ORDER 10 12/5 Dated: _________________, 2014 S 14 S DI STRI CT TE C TA n M. Che Edward Judge R NO 17 18 TH 19 ER 20 FO 16 R NI A ___________________________________ HonorableGR ANT ED Edward M. Chen United States District Court Judge 15 A LI 13 the parties. UNI T ED SAN FRANCISCO ATTORNEYS AT LAW 12 IT IS HEREBY ORDERED, adjudged and decreed, in accordance with the stipulation of RT U O F ENWICK & W EST LLP 11 N D I S T I CT R OF C 21 22 23 24 25 26 27 28 FORM OF ORDER FOR FINAL JUDGMENT AND DISMISSAL 3 CASE NO. 3:12-cv-05667-EMC-NMC

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