Craigslist, Inc. v. Agner et al

Filing 24

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 8/17/12. (lrc, COURT STAFF) (Filed on 8/20/2012)

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1 2 3 4 5 6 Brian Hennessy (SBN 226721) E-mail: BHennessy@perkinscoie.com LiLing Poh (Bar No. 255446) Email: Lpoh@perkinscoie.com PERKINS COIE LLP 3150 Porter Drive Palo Alto, California 94304 Telephone: (650) 838-4300 Facsimile: (650) 838-4350 Attorneys for Plaintiff craigslist, Inc. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 CRAIGSLIST, INC., a Delaware corporation, 12 Plaintiff, 13 v. Case No. CV 11-003307 SBA STIPULATION TO DISMISSAL; ORDER GRANTING DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) 14 15 PAUL AGNER, a California resident; JOHN DOE d/b/a www.adzillapro.com; and DOES 1 through 25, inclusive, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 LEGAL24253364.1 STIPULATION TO DISMISSAL AND [PROPOSED] ORDER CASE NO. CV 11-003307 SBA 1 2 WHEREAS, on July 6, 2011, Plaintiff craigslist, Inc. (“craigslist”) filed a Complaint, Case 3 No. 11-003307 SBA, against Defendant Paul Agner for (1) violation of the Digital Millennium 4 Copyright Act, 17 U.S.C. § 1201; (2) violation of the Computer Fraud and Abuse Act, 18 U.S.C. 5 § 1030; (3) violation of California Penal Code § 502; (4) Breach of Contract; (5) Inducing Breach 6 of Contract; (6) Intentional Interference with Contractual Relations; (7) Fraud; and (8) violation 7 of California Business and Professions Code § 17200; and 8 9 10 WHEREAS, the parties through their authorized representatives have chosen to resolve these claims with each party bearing its own attorneys’ fees and costs. NOW THEREFORE, subject to the Court’s approval, the parties stipulate and agree that 11 craigslist’s claims, as set forth in the above-referenced Complaint, are dismissed without 12 prejudice. The parties specifically request an order from this Court dismissing such claims 13 without prejudice. 14 DATED: August 14, 2012 Respectfully submitted, 15 PERKINS COIE LLP 16 By: 17 18 /s/ Brian Hennessy Brian Hennessy (SBN 226721) BHennessy@perkinscoie.com Attorneys for Plaintiff craigslist, Inc. 19 20 21 DATED: August 14, 2012 By: 22 /s/ Lowell Robert Fuselier Lowell Robert Fuselier Attorneys for Defendant Paul Agner 23 24 25 I, Brian Hennessy, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the 26 concurrence to the filing of this document has been obtained from each signatory hereto. 27 DATED: August 14, 2012 By: 28 LEGAL24253364.1 -1- /s/ Brian Hennessy Brian Hennessy STIPULATION TO DISMISSAL AND [PROPOSED] ORDER CASE NO. CV 11-003307 SBA 1 ORDER 2 3 4 5 6 PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT IS HEREBY ORDERED THAT, with good cause appearing and the parties having stipulated and agreed, Plaintiff craigslist, Inc.’s claims against Defendant Paul Agner as set forth in the Complaint filed in Case No. 11-003307 SBA are hereby dismissed without prejudice. 7 8 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: 8/17/12 10 Honorable Saundra Brown Armstrong 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEGAL24253364.1 -2- STIPULATION TO DISMISSAL AND [PROPOSED] ORDER CASE NO. CV 11-003307 SBA 1 CERTIFICATE OF SERVICE 2 3 I hereby certify that this document(s) filed through the ECF system will be sent 4 electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) 5 and paper copies will be sent to those indicated as non registered participants on August 14, 2012. 6 /s/ LiLing Poh LiLing Poh 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEGAL24253364.1 STIPULATION TO DISMISSAL AND [PROPOSED] ORDER CASE NO. CV 11-003307 SBA

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