Filed: Mar. 07, 2017
Latest Update: Mar. 07, 2017
Summary: STIPULATION OF DISMISSAL RETAINING JURISDICTION TO ENFORCE TERMS OF SETTLEMENT; [PROPOSED] ORDER As modified WILLIAM ALSUP , District Judge . Plaintiff Malibu Media, LLC and Defendant John Doe subscriber assigned IP address 50.184.78.98, by their undersigned counsel, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, hereby stipulate that all claims asserted against each other in this matter are hereby dismissed without prejudice. Plaintiff and Defendant John
Summary: STIPULATION OF DISMISSAL RETAINING JURISDICTION TO ENFORCE TERMS OF SETTLEMENT; [PROPOSED] ORDER As modified WILLIAM ALSUP , District Judge . Plaintiff Malibu Media, LLC and Defendant John Doe subscriber assigned IP address 50.184.78.98, by their undersigned counsel, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, hereby stipulate that all claims asserted against each other in this matter are hereby dismissed without prejudice. Plaintiff and Defendant John D..
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STIPULATION OF DISMISSAL RETAINING JURISDICTION TO ENFORCE TERMS OF SETTLEMENT; [PROPOSED] ORDER
As modified
WILLIAM ALSUP, District Judge.
Plaintiff Malibu Media, LLC and Defendant John Doe subscriber assigned IP address 50.184.78.98, by their undersigned counsel, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, hereby stipulate that all claims asserted against each other in this matter are hereby dismissed without prejudice.
Plaintiff and Defendant John Doe subscriber assigned IP address 50.184.78.98 settled this matter on or about February 21, 2017;
The settlement agreement between Plaintiff and Defendant call for payment of settlement funds on or before April 3, 2017;
Plaintiff and Defendant John Doe subscriber assigned IP address 50.184.78.98 respectfully request that this Court enter an order dismissing without prejudice all Plaintiff's and Defendant John Doe subscriber assigned IP address 50.184.78.98's claims and counter-claims against each other, with each party to bear its own attorneys' fees and costs;
Plaintiff and Defendant further request that this Court retain jurisdiction to enforce the terms of the settlement;
Unless enforcement proceedings are pending, Plaintiff and Defendant stipulate that this case can be dismissed with prejudice on or after April 7, 2017;
Consistent herewith Plaintiff and Defendant consent to the Court having its case closed for administrative purposes.
CERTIFICATE OF SERVICE
I hereby certify that on March 2, 2017, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF and that service was perfected on all counsel of record and interested parties through this system.
By: /s/ Henrik Mosesi
Henrik Mosesi
The Court having considered the stipulation of the parties, and good cause appearing therefor, orders the following:
1. The complaint and counter-claim is dismissed without prejudice pursuant to FRCP 41(a)(1)(A)(ii);
2. Each party to bear their own costs and attorney's fees;
3. The Court shall retain jurisdiction over this matter to enforce the terms of the settlement agreement; for six months.
4. Unless proceedings to enforce the terms of the settlement agreement are pending, this case will be treated for all purposes as dismissed with prejudice after April 7, 2017, without further order of court.
