Elawyers Elawyers
Washington| Change

Lagree v. Spartacus 20th LP (NV), 3:15-cv-04592-JST. (2016)

Court: District Court, N.D. California Number: infdco20160422c22 Visitors: 13
Filed: Apr. 20, 2016
Latest Update: Apr. 20, 2016
Summary: STIPULATION WITHDRAWING PLAINTIFFS' MOTION FOR RULE 11 SANCTIONS AND [PROPOSED] ORDER JON S. TIGAR , District Judge . WHEREAS, defendants Spartacus 20th LP (NV) d.b.a. BodyRok; Spartacus 20th Properties, L.P.; Spartacus 20th Properties G.P., Inc.; Philip R. Palumbo; Jakob Irion; BodyRok Franchise, L.P.; BodyRok Franchise G.P., Inc.; and Exercise Technologies, L.P.; Sculpt Fitness Berkeley, LLC (collectively, "Defendants") filed a Motion for Attorneys' Fees on April 7, 2016, (ECF 45),
More

STIPULATION WITHDRAWING PLAINTIFFS' MOTION FOR RULE 11 SANCTIONS AND [PROPOSED] ORDER

WHEREAS, defendants Spartacus 20th LP (NV) d.b.a. BodyRok; Spartacus 20th Properties, L.P.; Spartacus 20th Properties G.P., Inc.; Philip R. Palumbo; Jakob Irion; BodyRok Franchise, L.P.; BodyRok Franchise G.P., Inc.; and Exercise Technologies, L.P.; Sculpt Fitness Berkeley, LLC (collectively, "Defendants") filed a Motion for Attorneys' Fees on April 7, 2016, (ECF 45), seeking fees pursuant to (1) the Patent Act, (2) Rule 11, (3) the Lanham Act, and (4) the Court's inherent authority;

WHEREAS, plaintiffs Sebastien Lagree and SPX Fitness, Inc. d.b.a. Lagree Fitness (collectively, "Plaintiffs") filed an Administrative Motion to Strike on April 13, 2016 (ECF 50);

WHEREAS, on April 15, 2016, Defendants informed Plaintiffs that Defendants would stipulate to withdrawal of the request for relief pursuant to Rule 11;

WHEREAS, Defendants have agreed to withdraw its Motion for Attorney's Fees with respect to the request for Rule 11 sanctions without prejudice, while maintaining the Motion for Attorneys' Fees requesting relief pursuant to (1) the Patent Act, (2) the Lanham Act, and (3) the Court's inherent authority (ECF 45);

IT IS HEREBY STIPULATED AND AGREED, by the undersigned attorneys for the parties set forth below, that the portion of Defendants' Motion for Attorney's Fees seeking relief pursuant to Rule 11 is withdrawn without prejudice as to any of the issues raised therein. Defendants maintain the Motion for Attorneys' Fees requesting relief pursuant to (1) the Patent Act, (2) the Lanham Act, and (3) the Court's inherent authority. GORDON & REES LLP

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer