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Rearden LLC v. Rearden Commerce, Inc.

United States District Court, Ninth Circuit

May 17, 2013

REARDEN LLC, a California limited liability company; REARDEN PRODUCTIONS LLC, a California limited liability company; REARDEN STUDIOS LLC, a California limited liability company; REARDEN, INC., a California corporation; and REARDEN PROPERTIES LLC, a California limited liability company, Plaintiffs,
v.
REARDEN COMMERCE, INC., a California corporation, Defendant.

J. THOMAS McCARTHY (SBN 34728), DOUGLAS L. HENDRICKS (SBN 83611), RACHEL KREVANS (SBN 116421), JENNIFER LEE TAYLOR (SBN 161368), CHRISTOPHER J. WIENER (SBN 280476), MORRISON & FOERSTER LLP, San Francisco, California, Attorneys for Plaintiffs, REARDEN LLC; REARDEN PRODUCTIONS LLC; REARDEN STUDIOS LLC; REARDEN, INC.; and REARDEN PROPERTIES LLC.

DANIEL T. McCLOSKEY (SBN 191944), GREENBERG TRAURIG LLP, East Palo Alto, CA, RICHARD D. HARRIS (admitted pro hac vice), KEVIN J. O'SHEA (admitted pro hac vice), Herbert H. Finn (admitted pro hac vice), James J. Lukas, Jr. (admitted pro hac vice), GREENBERG TRAURIG LLP, Chicago, Illinois, Attorneys for Defendant REARDEN COMMERCE, INC.

STIPULATION TO REFUND CASH COLLATERAL AND [PROPOSED] ORDER

LUCY H. KOH, District Judge.

The parties, through their respective undersigned counsel, hereby stipulate pursuant to Local Rule 7-12 as follows:

WHEREAS, on July 2, 2010, the Court entered judgment for Defendant Rearden Commerce, Inc. (Dkt. 282);

WHEREAS, Defendant submitted its Bill of Costs on July 16, 2010 (Dkt. 283);

WHEREAS, Rearden LLC, Rearden Productions LLC, Rearden Studios LLC, Rearden, Inc., and Rearden Properties LLC ("Plaintiffs") filed a timely Notice of Appeal to the United States Court of Appeals for the Ninth Circuit (Dkt. 284);

WHEREAS, on August 30, 2010, the parties stipulated (Dkt. 290) pursuant to Federal Rule of Civil Procedure 62(d) that Plaintiffs could stay execution of judgment for payment of costs upon either posting a supersedeas bond, or depositing with the Court funds, in an amount not less than $35, 770.12, and the Court so ordered (Dkt. 291);

WHEREAS, on September 8, 2010, Plaintiffs deposited cash collateral with the court in the amount of $35, 770.12 (Dkt. 292) with receipt number XXXXXXXXXXX;

WHEREAS, on June 27, 2012, the United States Court of Appeals for the Ninth Circuit reversed the Court's grant of summary judgment and remanded for further proceedings, 683 F.3d 1190 (9th Cir. 2012); and

WHEREAS, on April 1, 2013, the Court granted the parties' stipulated dismissal with prejudice (Dkt. 322);

IT IS HEREBY STIPULATED that:

There is no longer a need for the Court to maintain the cash collateral deposited by Plaintiffs, and the parties respectfully request the Court refund to Plaintiffs their deposit of $35, 770.12.


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