Free Stipulation - District Court of California - California

A { Case 3:07-cv-02771-JSW Document 15 Filed 08/31 /2007 Page 1 of 3
1 J. Andrew Coombs (SBN 123881)
[email protected]
2 Annie S. Wang (SBN 243027)
[email protected]
3 J. Andrew Coombs, A RC.
517 East Wilson Avenue, Suite 202
4 Glendale, California 91206
_ Telephone: (818) 500-3200
3 Facsimile: (818) 500-3201
6 Michael W.O. Holihan, Esq.
{ Michael W.O. Holihan, RA
Z 1101 N. Lake Destiny Drive, # 350
Maitland, Florida 32751
8 Telephone: (407) 660-8575
9 Facsimile: (407) 550-0510
Attorneys for Plaintiffs Disney
10 Ente1prises, Inc., Sanrio, Inc., DC Comics,
Hanna-Barbera Productions, Inc. and
li Warner Bros. Entertainment Inc.
I2 Tom Mahaney
Bouncin Bins, Inc.
13 24236 Willis Creek Street
M Caldwell, ID 83607
N Defendants, in pro se
16 UNITED STATES DISTRICT COURT
W NORTHERN DISTRICT OF CALIFORNIA
18 )
19 Disney Enterprises, Inc., et al. ) Case No. C 07-02771 J SW
)
Plaintiffs, ) JOINT STIPULATION RE ENTRY OF
ZG V. ) 1>Ro1>osED coNsENT DECREE
)
21 Bouncin Bins, Inc., Tom Mahaney and Does 1- )
10, inclusive, )
22 )
Defendants. )
23-
24 WHEREAS, Plaintiffs Disney Enterprises, Inc., Sanrio, Inc., DC Comics, Hanna-Barbera
25
Productions, Inc., and Warner Bros. Entertainment Inc. (collectively "Plaintii1`s"’) having filed a
26
F)? Complaint in this action charging, among others, Defendants Bouncin Bins, Inc. and Tom Mahaney
28 (collectively "Defendants"), with liability for trademark iniiringement, copyright iniringement,
Disney, et al. v. Bouncin Bins, et al.: Joint Stipulation for Entry of · l -
Consent Decree

A Case 3:07-cv-02771-JSW Document 15 Filed 08/31/2007 Page 2 of 3
I violation of section 43(a) of Lanham Trademark Act - unfair competition, violation of section 43(c)
of Lanham Trademark Act - trademark dilution, and unfair competition under California common
3
law and under the California Unfair Business Practices Act, Cal. Bus. & Prof Code § 17200 et seg.,
4
{_ and the parties hereto desiring and having agreed to settle the controversy between them;
Q)
6 Plaintiffs, by and through their counsel of record and the Defendants, in pro se, stipulate and
7 agree as follows:
li 1. On or about May 25, 2007, Plaintiffs filed this Action asserting claims pursuant to,
9 among other authorities, 28 U.S.C. §§ 1331, 1333 and 1345. This Court has personal jurisdiction
10
over the Defendants, who waive all objections and defenses that they may have to the jurisdiction of
ll
this Court.
t2 _
K3 2. The Defendants stipulate not to appeal the Consent Decree entered pursuant to the
1 ,1 Stipulation and hereby waive all rights to appeal from it. The Defendants hereby waive any rights
15 which they may have to request or to have a new trial or any rights which they may have to
lt? otherwise challenge, directly or collaterally, the Judgment entered pursuant to the terms of this
W Stipulation, unless there is a breach by Plaintiifs ofthe Release and Settlement Agreement and this
l 8
Stipulation.
19
3. The Defendants acknowledge that they have completely read the terms of this Stipulation
20
G1 and the [Proposed] Consent Decree and fully understand the terms and consequences of this
22 Stipulation.
23 4. The waiver by a party to this Stipulation ofthe performance of any covenant, condition or
24 promise herein shall not invalidate this Stipulation nor shall any such waiver be construed as a
25 waiver or relinquishment ofthe performance of any other covenant, condition or promise in this
26
Stipulation.
27
28
Disney, ct al. v. Bouncin Bins, et al.: Joint Stipulation for Entry of - 2 -

I Case 3:07-cv—02771-JSW Document 15 Filed 08/31/2007 Page 3 of 3
I 5. This Stipulation may be amended or modified only by a written instrument signed by all
2 the Parties.
3
6. This Stipulation shall be binding on and inure to the benefit ofthe Parties to it, their
4
v_ successors, heirs or assignees.
s
6 7. A tme copy ofthe [Proposed] Consent Decree is attached hereto as Exhibit A.
3 IT IS SO STIPULATED by the parties hereto:
8
Q DATED: 2007 J. Andrew Coombs, A Professional Corp.
By: if `14` .·
*1 ""
I2 Coombs
_ Attorney for Plaintiffs Disne Enterprises, Inc., Sanrio,
E Inc., DC Comics, Hanna-Ba era Productions, Inc. and
1 4 Warner Bros. Entertainment Inc.
15 DATED: August fj, 2007 Tom Mahaney
16 @ Z 1/
By: 2
17 Tom Mahaney
IS Defendant, in pro se
19 DATED: August , 2007 Bouncin Bins
as
2, Br 1 me-.
' Tom Mahaney o ehalf of B0unc1n Bins
22 Its: President ` .
Defendant, in pro se
23
24 rr is so onossfzo;
25 DATED: ______________
26 Hon. J efH·ey S. White
Judge, United States District Court for the Northern
27 District of California
28
Disney, et al. v. Bouncin Bins, et al.: Joint Stipulation for Entry of - 3 -

Case 3:07-cv-02771-JSW

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