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Adobe Systems Incorporated v. Hoops Enterprise LLC and Anthony Kornrumpf

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


July 17, 2012

ADOBE SYSTEMS INCORPORATED,
PLAINTIFF,
v.
HOOPS ENTERPRISE LLC AND ANTHONY KORNRUMPF,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Claudia Wilken United States District Judge

STIPULATED MOTION TO AMEND FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 60(A) Ctrm: 2 - 4th Floor 22 Judge: Honorable Claudia Wilken 23 AND ALL RELATED CLAIMS 26 27 28

Plaintiff Adobe Systems Incorporated ("Adobe") and Defendants Hoops Enterprise LLC and Anthony Kornrumpf (collectively, "Parties") hereby stipulate and agree as follows: 3 WHEREAS, this Court entered final judgment in this Action, pursuant to stipulation, on June 15, 2 2012 (ECF No. 234); 5

WHEREAS, the Parties agree that Defendants retain, and have not waived, the right to appeal all 6 orders, objections, opinions, and rulings issued in this matter, as stated on the record at the June 6, 2012 7 Pre-Trial Conference (ECF. No. 235); 8 WHEREAS, the form of final judgment entered in this Action omits to address Defendants' 9 appellate rights; 10

NOW, THEREFORE, Adobe and Defendants agree and respectfully request that the Court to 11 amend the judgment to correct this omission pursuant to Federal Rule of Civil Procedure 60(a), by the 12 addition of the following sentence: "This judgment is subject to, and does not reflect waiver of, 13 defendants' right to appeal all orders, objections, opinions, and rulings issued in this matter." 14

IT IS SO STIPULATED.

Dated: July 12, 2012 J. ANDREW COOMBS, A PROFESSIONAL CORP. 17 18 By: /s/ J. Andrew Coombs J. ANDREW COOMBS 19 Attorneys for Plaintiff 20 ADOBE SYSTEMS INCORPORATED 21 DURIE TANGRI LLP 22 By: /s/ Joseph C. Gratz 23 JOSEPH C. GRATZ 24 Attorneys for Defendants HOOPS ENTERPRISE LLC and 25 ANTHONY KORNRUMPF

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case No. 4:10-cv-02769-CW 5

ADOBE SYSTEMS INCORPORATED, Plaintiff, v. HOOPS ENTERPRISE LLC and ANTHONY KORNRUMPF, 8 9 Defendants.

[PROPOSED FORM OF] JUDGMENT

Pursuant to the parties' stipulation of June 15, 2012 regarding entry of judgment and the Court's

Orders of July 25, 2011, February 1, 2012 and June 15, 2012, 3

IT IS ORDERED AND ADJUDGED

That judgment is entered for Plaintiff Adobe Systems Incorporated and against Defendants Hoops

Enterprise, LLC and Anthony Kornrumpf on Adobe's first and second claims for relief for copyright and 6 trademark infringement, and on Defendants' second counterclaim for violation of California's Unfair 7

Competition Law; 8

That Defendants' first counterclaim for declaratory judgment of copyright misuse is dismissed; 9 and 10

That Defendants are jointly and severally liable for actual damages in the amount of $721,344.33 11 on Adobe's first claim for relief of copyright infringement only. Each party shall bear its own costs. 12

The Court has entered a permanent injunction by a separate order.

This judgment is subject to, and does not reflect waiver of, defendants' right to appeal all orders, objections, opinions, and rulings issued in this matter. 15

Dated: July __, 2012

20120717

© 1992-2012 VersusLaw Inc.



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