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Case 2:04-cv-00413-RCJ-GWF Document 66 Filed 01/26/2006 Page 1 of 5
1 Kelly A. Evans
Nevada Bar No. 7691
2 SNELL & WILMER L.L.P.
3800 Howard Hughes Parkway, Suite 1000
3 Las Vegas, NV 89109
Telephone (702) 784-5200
4 Facsimile (702) 784-5400
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1 Pursuant to Local Rules 6-2, 7-1 and 54-16, defendant Google Inc. (“Google”) and
3 WHEREAS, on January 19, 2006, the Clerk entered judgment in this action in favor of
4 Google pursuant to an Order of this Court dated January 19, 2006 granting Google’s Motion for
5 Summary Judgment;
6 WHEREAS, pursuant to Local Rule 54-16 and Federal Rule of Civil Procedure 54(d)(2),
7 Google’s deadline for filing a motion for attorney’s fees and costs as the prevailing party is
9 WHEREAS, rather than incur the additional expense and uncertainty of proceedings
10 concerning attorney’s fees and recoverable costs, the parties agree that pursuant to 17 U.S.C.
11 §505, Google is the prevailing party, is entitled to an award of attorney’s fees and costs, and the
12 appropriate and reasonable amount of fees and costs to be awarded against Field in favor of
13 Google in this matter is $100,000.00 and hereby request that the Court direct the clerk to enter
15 WHEREAS, the parties agree that while the Court entered judgment in Google’s favor on
16 January 19, 2006 regarding Field’s claims for relief, this judgment did not expressly dispose of
18 WHEREAS, the parties agree that Google’s counterclaims shall be dismissed without
19 prejudice pursuant to Federal Rules of Civil Procedure 41(a)(1) and 41(c) and that each party shall
20 bear its own costs and fees with respect to Google’s counterclaims.
22 (1) The clerk shall enter judgment in defendant Google’s favor as the prevailing party
23 against plaintiff Field in the amount of $100,000.00 for attorney’s fees and costs incurred in this
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25 (2) Google’s counterclaims are dismissed without prejudice pursuant to stipulation and
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By: /s/ David H. Kramer
3 Kelly A. Evans
Nevada Bar No. 7691
4 3800 Howard Hughes Parkway, Suite 1000
Las Vegas, NV 89109
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David H. Kramer
6 William O’Callaghan
WILSON SONSINI GOODRICH & ROSATI
7 650 Page Mill Road
Palo Alto, CA 94304-1050
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Attorneys for GOOGLE, INC.
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Dated: January 26, 2006 BLAKE A. FIELD
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15 Pro Se Plaintiff
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ORDER
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Pursuant to stipulation of the parties:
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(1) The clerk shall enter judgment in defendant Google’s favor as the prevailing party
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against plaintiff Field in the amount of $100,000.00 for attorney’s fees and costs incurred in this
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action; and
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(2) Google’s counterclaims are dismissed without prejudice pursuant to stipulation and
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Federal Rule of Civil Procedure 41(a)(1).
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IT IS SO ORDERED.
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25 _____________________________________
26 Robert C. Jones
UNITED STATES DISTRICT JUDGE
27 DATED:
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1 CERTIFICATION
2 I, David H. Kramer, am the ECF User whose identification and password are being used to
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By: __/s/ David H. Kramer
12 David H. Kramer
Attorneys for Defendant Google Inc.
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