TIBCO Software Inc. v. GatherSmart LLC

MCGUIREWOODS LLP ALICIA A. BAIARDO SBN #254228 Two Embarcadero Center Suite 1300 San Francisco, CA 94111-3821 Telephone: 415.844.9944 Facsimile: 415.844.9922 MCGUIREWOODS LLP LUCY JEWETT WHEATLEY (pro hac vice) CLAIRE HAGAN ELLER (pro hac vice) East Canal Street Richmond, VA 23219 Tel: (804) 775-1368 Fax: (804) 698-2130 Email: [email protected] [email protected]

Attorneys for TIBCO Software Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TIBCO SOFTWARE INC., CASE NO. 5:20-cv-06422-NC Plaintiff and Counterclaim STIPULATION AND ORDER OF Defendant, DISMISSAL WITH PREJUDICE vs. GATHERSMART LLC, Defendant and Counterclaimant.

Plaintiff and Counterclaim Defendant TIBCO Software Inc. and Defendant and Counterclaim Plaintiff GatherSmart LLC (each a “Party” and collectively, the “Parties”), by counsel, hereby stipulate pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Parties’ Settlement and Mutual Release Agreement (the “Agreement”) to the dismissal with prejudice of all claims and counterclaims in this action, with each Party to bear its own attorneys’ fees, costs, and expenses.

Pursuant to Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375 8 (1993) and Rule 41(a)(2), the Parties hereby stipulate to, and, by entering this order, the Court hereby retains, the Court’s jurisdiction over this matter for any disputes arising out of the Agreement or for purposes of enforcing the Agreement.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

DATED: July 19, 2021 /s/ Lucy Jewett Wheatley Attorneys for Plaintiff

DATED: July 19, 2021 /s/ Jordan Susman_____ Attorneys for Defendant

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: July 19, 2021 _____________________________________ United States District Judge

ATTESTATION In compliance with CAND ECF Policies and Procedures regarding Stipulations and Other Documents Requiring Multiple Signatures, I hereby attest that I have obtained the concurrence in the filing of this document from all signatories

DATED: July 19, 2021 /s/ Lucy Jewett Wheatley Attorneys for Plaintiff

CERTIFICATE OF SERVICE I, Lucy Jewett Wheatley, certify that on July 19, 2021, the foregoing document entitled STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE was filed electronically in the Court’s ECF; thereby upon completion the ECF system automatically generated a “Notice of Electronic Filing” (“NEF”) as service through CM/ECF to registered e-mail addresses of parties of record in the case.

/s/ Lucy Jewett Wheatley Lucy Jewett Wheatley