UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
December 14, 2011
ROBERT SZEGEDY, AN INDIVIDUAL,
MONTAG DIVULGACAO LTDA., A BRAZILIAN LIMITED LIABILITY PARTNERSHIP;
AND DOES 1 THROUGH 100, INCLUSIVE,
AND RELATED COUNTERCLAIM.
The opinion of the court was delivered by: Hon. Judge Edward M. Chen
STIPULATION OF DISMISSAL (Fed. R. Civ. P. 41(a)(1)(A)(ii))
Complaint Filed: December 9, 2010
Counterclaim Filed: September 29, 2011
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff/Counter-Defendant ROBERT SZEGEDY, an individual ("Szegedy" or "Plaintiff"), and Defendant/Counter-Claimant 3 MONTAG DIVULGACAO LTDA., a Brazilian limited liability partnership ("Montag" or 4 "Defendant"), hereby agree and stipulate, and give the Court notice, as follows: 5 6 7 counsel, hereby stipulate as follows: 8
WHEREAS, Plaintiff and Defendant have reached a settlement of this dispute; and NOW THEREFORE, Plaintiff and Defendant, by and through their respective undersigned 1. To dismiss all claims and counter claims pending in this case with prejudice; 2. Each party shall bear its own costs and attorneys' fees; and 3. Plaintiff shall provide a copy of this Stipulation of Dismissal to the World Intellectual Property Organization ("WIPO") and One and One Internet, Inc., the registrar of the domain name (the "Domain Name"), instructing them not to transfer the Domain Name to Defendant pursuant to the WIPO decision issued in Case No. D2010- 1533, on November 30, 2010.
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this action may be dismissed 16 without a Court Order. 17
IDELL & SEITEL LLP Dated: December 14, 2011 By: /Owen Seitel/ Owen Seitel Elizabeth Rest Attorneys for Plaintiff Robert Szegedy LAW OFFICES OF KIRK B. FREEMAN Dated: December 14, 2011 By: /Kirk B. Freeman/ 25 Kirk B. Freeman Matthew A. Mallet Attorneys for Defendant MONTAG DIVULGACAO LTDA.
ATTESTATION OF CONCURRENCE
I, Owen Seitel, attest that I am one of the attorneys for Plaintiff Robert Szegedy, and as the ECF
3 user and filer of this document, I attest that, pursuant to General Order No. 45(X)(B), concurrence in 4 the filing of this document has been obtained from Kirk B. Freeman, the above signatory. 5 6
Dated: December 14, 2011 By: /Owen Seitel/
IT IS SO ORDERED:
E R T T I N ORDERED
IT IS SO
Edward M. Chen Judge
Edward M. Chen U.S. District Judge
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