Opinion
Case No. 4:12-cv-01971-CW (KAW)
04-01-2013
DIGITAL REG OF TEXAS, LLC, Plaintiff, v. ADOBE SYSTEMS INCORPORATED, VALVE CORPORATION, ELECTRONIC ARTS INC., UBISOFT, INC., SYMANTEC CORPORATION, AVG TECHNOLOGIES USA, INC., ZYNGA GAME NETWORKS INC., ZYNGA, INC., and INTUIT INC. Defendants.
BARTKO ZANKEL TARRANT & MILLER W. Paul Schuck DiNOVO PRICE ELLWANGER & HARDY LLP Andrew G. DiNovo (admitted Pro Hac Vice ) Adam G. Price (admitted Pro Hac Vice ) Attorneys for Plaintiff DIGITAL REG OF TEXAS, LLC GOODWIN PROCTER LLP William A. Meunier (admitted Pro Hac Vice ) Attorneys for Defendant AVG TECHNOLOGIES USA, INC.
W. PAUL SCHUCK (Cal. Bar No. 203717)
pschuck@bztm.com
BARTKO, ZANKEL, TARRANT & MILLER
A Professional Corporation
900 Front Street, Suite 300
San Francisco, California 94111
Telephone: (415) 956-1900
Facsimile: (415) 956-1152
ANDREW G. DiNOVO (Pro Hac Vice)
adinovo@dpelaw.com
ADAM G. PRICE (Pro Hac Vice)
aprice@dpelaw.com
DiNOVO PRICE ELLWANGER & HARDY LLP
7000 N. MoPac Expressway, Suite 350
Austin, TX 78731
Telephone: (512) 539-2626
Facsimile: (512) 539-2627
Attorneys for Plaintiff
DIGITAL REG OF TEXAS, LLC
STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL AS TO
DEFENDANT AVG TECHNOLOGIES
USA, IMC
IT IS HEREBY STIPULTATED AND AGREED, by and between plaintiff Digital Reg of Texas, LLC, ("Plaintiff") and defendant AVG Technologies USA, Inc. ("Defendant"), pursuant to Fed. R. Civ. P. 41(a)(2) and subject to the approval of the Court, that Plaintiff's claims in this action be, and upon approval are, dismissed WITH PREJUDICE and Defendant's counterclaims in this action be, and upon approval are, dismissed WITHOUT PREJUDICE, subject to the terms of that certain agreement entitled "SETTLEMENT AND LICENSE AGREEMENT" dated March 20, 2013, with each party to bear its own cost, expenses, and attorney's fees.
BARTKO ZANKEL TARRANT & MILLER
By: _______________
W. Paul Schuck
DiNOVO PRICE ELLWANGER & HARDY LLP
Andrew G. DiNovo (admitted Pro Hac Vice)
Adam G. Price (admitted Pro Hac Vice)
Attorneys for Plaintiff
DIGITAL REG OF TEXAS, LLC
GOODWIN PROCTER LLP
By: _______________
William A. Meunier (admitted Pro Hac Vice)
Attorneys for Defendant
AVG TECHNOLOGIES USA, INC.
ATTESTATION OF E-FILER
In compliance with Local Rule 5-1(i), the undersigned ECF user whose identification and password are being used to file this document, hereby attests that all signatories have concurred in the filing of this document.
_______________
W. Paul Schuck
[PROPOSED] ORDER OF DISMISSAL
CAME ON THIS DAY for consideration the Stipulation of dismissal with prejudice of all claims asserted by plaintiff Digital Reg of Texas, LLC, against defendant AVG Technologies USA, Inc., and dismissal without prejudice of all counterclaims asserted by defendant AVG Technologies USA, Inc. against plaintiff Digital Reg of Texas, LLC, in this case and the Court being of the opinion that said Stipulation should be ENTERED, it is hereby
ORDERED, ADJUDGED AND DECREED that all of plaintiff's claims asserted against defendant in this suit are hereby dismissed with prejudice and all of defendant's counterclaims asserted in this suit are hereby dismissed without prejudice, subject to the terms of an agreement entitled "SETTLEMENT AND LICENSE AGREEMENT" and dated March 20, 2013.
It is further ORDERED that all attorneys' fees and costs are to be borne by the party that incurred them.
_______________
The Honorable Claudia Wilken
United States District Court Judge