UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
February 8, 2013
EIT HOLDINGS LLC, A DELAWARE COMPANY, PLAINTIFF,
PRICELINE.COM, INC., A DELAWARE CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Honorable Maria-Elena James Chief United States Magistrate Judge
STIPULATION AND [PROPOSED] ORDER TO DISMISS ALL CLAIMS BETWEEN EIT HOLDINGS LLC AND PRICELINE.COM, INC. WITH PREJUDICE DEMAND FOR JURY TRIAL
Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the Plaintiff, EIT 2 Holdings LLC ("EIT") and Defendant, Priceline.com, Inc. ("Priceline.com") have agreed to 3 dismiss all claims against each other in the above-captioned action. The parties, therefore, move 4 this Court to dismiss the above-entitled cause and all claims by EIT against Priceline.com and all 5 claims by Priceline.com against EIT made therein WITH PREJUDICE. 6
The parties further move the Court to order that all costs and expenses relating to this 7 litigation (including attorney and expert fees and expenses) shall be borne solely by the party 8 incurring same. 9
So Stipulated. 10 11
PURSUANT TO STIPULATION, IT IS SO ORDERED. 12 13 14
I hereby attest pursuant to General Order 45.X.B that concurrence in the electronic filing of 3 this document has been obtained from the signatories. 4
Dated: February 8, 2013 /s/ Edward W. Goldstein Edward W. Goldstein
CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have 3 consented to electronic service are being served with a copy of this document via the Court's 4 CM/ECF system on February 8, 2013, or, if not yet registered with the Court's CM/ECF system, 5 via electronic mail pursuant to Fed.R.Civ.P. 5(b)(2)(E). Any other counsel of record will be 6 served by first class U.S. Mail. 7 8
Dated: February 8, 2013 /s/ Edward W. Goldstein 9 Edward W. Goldstein
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