00742-stipulation Of Dismissal

1

Jason Schultz

2

jason@efforg Corynne McSherry

5

221504)

94110

CA

Street

Francisco,

San

FOUNDAllON

ELECTRONIC 454 Shotwell

4

(SBN

corynne@efforg

FRONllER

3

(SBN 212600)

Telephone: (415) 436-9333 Facsimile: (415) 436-9993

x112

6 7

Attorneys for Plaintiff JEFFREYDIEHL

COURT

CALIFORNIA

OF

DISTRICT DISTRICT

NORTHERN

FOR

10

THE

UNITED

9

STATES

8

OAKLAND DIVISION

11 12 13

JEFFREYDIEm.,

No. 06-CY -6800 SBA

) )

STIPULA nON OF DISMISSAL

Plaintiff,

WITHOUT PREJUDICE

~

14

)

v.

)

15

17

JUDGE: Hon. Saundra Brown Armstrong

) )

Defendant.

3

Courtroom

DEPT:

MICHAEL CROOK,

16

)

18 19 20

23

Crook

Michael

and

Diehl

Jeffrey

SnPULA

between

HEREBY

and

IS

by

IT

22

TED

21

("Parties") that the above-captioned action, including all claims, counterclaims, and affirmative

25

Each

26

(a)(l)(ii).

41

FRCP

to

pursuant

prejudice

without

dismissed

is

hereby

and

be

defenses,

24 Partywill bearits own costsand attorneys'fees.

The Parties request that the Court retain jurisdiction to enforce the Settlement Agreement Order

an

issuing

by

A,

Exhibit

as

hereto

attached

Crook,

Defendant

and

Diehl

Plaintiff

between

27 28

.:

I DISMISSA

OF

TION

TIPULA

1

1

that explicitly retainsjurisdiction to enforcethe settlementagreementand incorporatesthe tenDSof

2

the Settlement

Agreemen~

pursuant

to Kokkonen

v. Guardian Life Insurance Co. of America, 511 Stipulation.

this

accompanies

Order

Proposed

A

(1994).

381-82

375,

U.S.

3 4 5

7

8 9

r

~

/2.,

/lltlr

Dated:

6

d~~

Electronic Frontier Foundation Attorneys for Plaintiff Jeff Diehl

10

II 12 13 14

Dated:J- 10 -01

f/l cJxt7CL._o -.

-

,

-

Michael Crook

Defendant& Pro Se

15

16 17 18 19 20

21 22

23

24 25 26 27 28

2 STIPULATION Of DISMISSAL

SB4

CO6-O6800

No.

between

and

by

2007,

Fetx'uary,

of

day

9th

made

anindividual residing in Baldwinsville, NewYork. and

('.Crook"),

Crook

Michael

is

nus AGREEMENT

this

AGREEMENT

Cue

CGl Settlement

ND.

Jeffrey Diehl v. MIchaelCrook

contractual

relations;

injunctive

relie(

restitution

and disgorgement

with

interference

intentional

and

Act

Copyright

Millennium

Digital

the

under

claims

Jeffiey Diehl ("Diehl"), an individual resimng in San Francisco, California (collectively, "the Parties"). WHEREAS, on November 1, 2006, Mr. DiehJ commenced a civil action against Mr. Crook seeking injWlCtive relief and damages for misrepresentation of copyri~ht for unfair business

JX'8Ctices; aid declaratoryrelief ("the Action"); and

amicably

damages

them

between

controversy

the

~eking

herein,

contained

promises

mutual

the

of

p-oceedings.

resolve or

to

wish

consideration

in

mspute

Parties further

for

~ed

the

THEREFORE,

NOW,

witIX>Ut

and

the

on January S, 2007, Mr. Crook filed counterclaims for intentiOl8linOictionof emotionaldistress and intimidation; and WHEREAS,

WHEREAS,

Notices

image

similar

any

the

of

previously use

he withdrawing

the

which News,

Fox

with

to

entity

or

connection on

appearance

in

person

every

to for 2005

Crook's

request

send

to

to

and/or

similar

cease-

other

and/or

any future copyright

suspension,

for

requests

notices,

DMCA

st,

~

notices,

req

other

on Fox News;

00 ti ce ard' or 3. Crook agrees that he will refrain from submitting and-desist

under 17

notices

any

related

ootices,

and/or any

with

colmection

desist

or

aOO

sus~nsion,

video

cease

for

of

futW"e

~

any

requests

the

iss~

entity

pe~n

agrees relating

notice

Crook

2

image

DMCA

a

to

notices"),

2OOS aPJx:arance

or

video

sent

any

to

~~s

to Crook's

oot

suspension

agrees

("DMCA

in

Crook

§ 512

or

1.

V.S.C.

email

DMCA

the par1ies agree as follows:

IX'OCCsscs in connection with the use of any copyrighted work, for a period of (five) 5 tangible

a

in

or

notices,

of

copyrighted Dismissal

a

of

of

use Order

(a)

for

(URL)

is a fair use and, at the Locator

Resource

in

1he

of

entry

regarding

cease-and-desist

SIX>UX. copyright

his any

threats

the

of

use

the

q~stion

Uniform

Internet

originated

of this Action unlessthe

DismissaJ

photographed, and/or iss~

other date

die

or

does

Crook

authored, years

from

whether t~

include

evaluate

S

suspension,

Crook

to,

personally first

(five)

will

win

of

for

that

~g~d

was extent

formally

notice,

such

Crook

period

requests

To

4.

a

notices, any

of

Action,

for

DMCA work, this top

the

by,

medium

CX'

question

in

material

years from the date of the entry of the Order of

Action maintained by Diehl's counsel, currently located ; and (b) a wcbpage containing a copy of the Joint Stipulation, Penna~nt will be JX"Ovidedto Crook orx:e the Order is entered and the webJDge is created which

for

URL

the

Dismissal,

of

Order

this

aid

regarding

Injurx:tion

the webpage

law: Basic

of

copyright

on mid

Overview

courses

online

following

complete

Copyright

mid

Office Pr«tice arx1A~dSemi

nar 00 of

attcrxlance

of

certificates

with

Diehl

provi~

wiJ!

Crook

Use. 2007,

Fair 30,

2006: April

By

Law

Law

CopyrighllAw

2006: IntrcxilCtioo

cou~.

aOOve

the

6.

Copyright

01

Principles

Copyright

Basic

Understanding

agrees to

the

COD~tEducation

So Crook

of Indi2en~e

~Dresaltation

and

Stipulation

Re2:ardin2:

Dam.~

for

Bream

by for

review

claim

and

any

waives

indigence, Diehl

financial

of

provided,

his

including

Agreement,

this

of

term

any

breaches

he

attorneys' fees.

if

that

agrees

Crook

9.

finaJx:iaJ comJ:eDSation incluang

has

Crook

representation documents

above

the

on

financial

of

Based counsel

Diehl's

8.

7. Crook represents under penalty of perjury that he is indigent and that the financial documents he has provided to Diehl to substantiate this claim are true and accurateto the rest of Crook's knowledge.

owns,

all

to

this order transfer

to

in

of

return,

In

Crook Crook

by

breach.

name the Agreement volunteer

and/or

this

breach

of

domain

any

alleged

time

in

the any enforce breaches

to

of

at

rights notice action said

cure

court

hours

and/or

all

Diehl

to Agreement

48 to

Crook

for

any

least

this

assign

to

at

of

Crook commencing

Crook

execution give opportunity

an

provide

refore

to

agrees

Agreement

Diehl

of

require

to date

right

the

of

as

the

representations of his financial status, Diehl's remedies sball incl\x:le, without limitation,

Statanent

for

Diehl

aJX)logy,

to the

of

wording

aJX)logizing The

Diehl,

to suspension.

for

acceptable

Video"). and

("the

days of the execution of this Agreement, Crook agrees to

notices

statement DMCA

video false

a

to b:tween thepar1ies, isattached hereto asExhi~tA.

agreed

jointly

sending

make

10. Withintwenty-onc

requests

VId~

rights associated with the aoove references Internet oomaim.

he by

bIos.

or provided

be

website shall

any which

for

on

Diehl.

to Video URL

the

Viooo

the

the

show

in Video,

to

rights the

wishes

all to

tink

a

ifhe

assign

to via

that,

agrees

agrees

Crook Crook exclusively

so

do

will

13.

12.

11. Crook agreesnot to revoke or deny any statement made in the Video in any ...wte...forum;

Diehl.

the and

it

that

agrees a~ved

has

Diehl Diehl

until

withheld. and

unless

unreasonably public

the

not to

shall

approval

disseminated

be

be

of the Video, Crook shall submit the Video to Diehl for

completion

which

not

will

Video

aPlX"Oval,

14. Up>n

Jurlsdlcdon

of

Retention

for

below. Re.J~

forth

~t

as

court

the puties have submitted the Joint Stipulation and (Proposed) Order of Dismissal to the

15. Subject to Diehl's approval of the Video, Crook and Diehl will execute aIxI submit to the Court a Motion for Dismissal and Prop>scdOrder dismissing all claims against each other and incorporating the terms of this Agreement. in the form attached heretoas Exhibit. Releaseor Oabns 16. Conditioned upon the parties' compliance with the terms and conditions of this Agreement, the parties, and their respective officers, directors, agents, servants,

liabilities.

lo~s,

damages,

demal¥is.

aIKi assigns.

therein.

userted

allegatiOIB

~

ard/or

fees,

~ta1s

Action

the

to

relating

or

of

out

arisil'lg

attorneys, ~essors

but not limited to any claim for attorMYs

rights or causes of action. i~luding

M~ition"

claims,

all

and

any

from

eacb

release

hereby

other

I8lents, subsidiaries, affiliated com~s,

employees,

This Agreement constitutes the entire agreement between the parties concerningthe subjectmatter hereof aoo supersedesany agreement or undcrstaJxJing. 17.

modification

the

subject

the

whom

to

respect

against

with

J:8rtiel

made

the

by

was

signed

claim

may

writing

in

~

any

that

instrument

an

written.

by

or

except

altered

oral

whether matter of the Agreement prior to the date of this Agreement. 1ms Agreement may oot be is charged.

18. This Agreement shall be interpeted in accordance with the laws oftbe State of California. Any dispute or controversy between the parties arising under or in ~tion with this Agreement that is not subject to the continuing jurisdiction of the Northern District of California. if any. sball be submitted to a court in the state of California for resolution. Should either rarty b'each this agreement, they will be liable for any associatedattorneysfeesaOOcostsi~urrcd in any legal action to eofo~e the

shall

Agreement

this

of

term

Agreement.

any oftbis

enfo~e

to

term

other

JBfty any

any

or

of tenD

failure

that

of

The waiver

a

effect.

and

fo~

deemed

~

oot

full

agreement. 19. If any provision or 8ub-lXOvision of this Agreement is found invalid or unenforcea~e, the bB.Iancc of the Agreement, and all povisiom thereof, shall remain in

~.

Q7

.

1/r

Date

""~Jr..a

CROOK

MlOIAFL

agreement.

ofwbicb

each ~

~/

Date:

JEFFDIEIu..

same

the

couotefi8rts. and

mo~

~

or

one coostitute

sbaJJ

in

~g~.

ard executed which

be of

all

original.

an

may

s~~rs

respcctive Agreement

their This

and

deemed

be

shall

'21.

J:8rtics

20. This Agreement shall be mooing uJX>nand shall inure to the benefit of the