Filed: Jun. 05, 2019
Latest Update: Jun. 05, 2019
Summary: STIPULATED DISMISSAL OF THE CASE UNDER FED. R. CIV. P. 41(A)(1)(A)(II) NATHANAEL M. COUSINS , Magistrate Judge . STIPULATED DISMISSAL Plaintiff Google LLC ("Google") and Defendant Kydia Inc. d/b/a BeyondMenu ("Kydia"), by and through their undersigned counsel, hereby notify the Court that they have agreed to a settlement agreement relating to Google's claims, which was fully executed on June 3, 2019 (the "Settlement Agreement"). Pursuant to the Settlement Agreement, Google and Kydia here
Summary: STIPULATED DISMISSAL OF THE CASE UNDER FED. R. CIV. P. 41(A)(1)(A)(II) NATHANAEL M. COUSINS , Magistrate Judge . STIPULATED DISMISSAL Plaintiff Google LLC ("Google") and Defendant Kydia Inc. d/b/a BeyondMenu ("Kydia"), by and through their undersigned counsel, hereby notify the Court that they have agreed to a settlement agreement relating to Google's claims, which was fully executed on June 3, 2019 (the "Settlement Agreement"). Pursuant to the Settlement Agreement, Google and Kydia hereb..
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STIPULATED DISMISSAL OF THE CASE UNDER FED. R. CIV. P. 41(A)(1)(A)(II)
NATHANAEL M. COUSINS, Magistrate Judge.
STIPULATED DISMISSAL
Plaintiff Google LLC ("Google") and Defendant Kydia Inc. d/b/a BeyondMenu ("Kydia"), by and through their undersigned counsel, hereby notify the Court that they have agreed to a settlement agreement relating to Google's claims, which was fully executed on June 3, 2019 (the "Settlement Agreement").
Pursuant to the Settlement Agreement, Google and Kydia hereby stipulate under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that the complaint in this matter be dismissed without prejudice and subject to Google's ability to seek enforcement of the Settlement Agreement as described in Section 12 of the Settlement Agreement.
The parties jointly request that the Court retain jurisdiction over this action solely for purposes of enforcing the Settlement Agreement. A proposed order is submitted herewith.
Dated: June 5, 2019 COOLEY LLP
By: /s/ Whitty Somvichian
Whitty Somvichian (194463)
Attorneys for Plaintiff Google LLC
SYVERSON, LESOWITZ & GEBELIN LLP
By: /s/ Scott Lesowitz
Scott Lesowitz (261759)
Attorney for Defendant Kydia Inc.
[Proposed] ORDER
Whereas the parties have entered into a settlement agreement on June 3, 2019 to resolve this action (the "Settlement Agreement"), the Court hereby ORDERS:
1. The complaint filed by Plaintiff Google LLC ("Google") against Defendant Kydia Inc. d/b/a BeyondMenu ("Kydia") is hereby dismissed without prejudice and subject to Google's subject to Google's ability to seek enforcement of the Settlement Agreement as described in Section 12 of the Settlement Agreement;
2. The Court shall retain jurisdiction over this action solely for purposes of enforcing the terms and remedies of the Settlement Agreement.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
ATTESTATION
Pursuant to Local Rule 5-1(i)(3) regarding signatures, I, Whitty Somvichian, attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 5th day of June, 2019, at San Francisco, California.
/s/ Whitty Somvichian
