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DRAFT STIPULATED ORDER BY DEFENDANT CITY OF ASHLAND (SETTLEMENT PROPOSAL 2) |
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CITY OF ASHLAND REJECTS ANOTHER OPPORTUNITY TO SETTLE WITH AMERICAN BUDDHA
Charles Carreon <chas@charlescarreon.com>
Dear Karen: Please find attached a proposed settlement that my client has authorized. Please advise if your client will accept it. The alternative, of course is to have my client proceed with an amended and supplemental complaint to supercede the claims in the original complaint, adding individual defendants and a Monell claim, as well as substitution of parties under Rule 17 with respect to the second claim for relief for a "material misrepresentation" under 17 USC 512(f). With respect to Joe Franell's affidavit stating there was no outage the week before last, my own tech draws different conclusions from his data, which he is preparing, but I haven't received yet. Thank you for your attention to these matters.
Very truly yours,
CHARLES CARREON (OSB: 93469) Attorney for Plaintiff American Buddha UNITED STATES
DISTRICT COURT AMERICAN BUDDHA,
an Oregon Nonprofit Corporation, Case No.: 1:06-cv-3054 STIPULATED ORDER BY DEFENDANT CITY OF ASHLAND STIPULATION FOR DECLARATORY RELIEF It is hereby stipulated, by and between Plaintiff American Buddha and Defendant The City of Ashland (“the City”), through their undersigned counsel, that the following stipulation establishing declaratory relief between the parties shall be entered pursuant to the Court’s authority to declare the rights of the parties: 1. Plaintiff American Buddha shall maintain a designated agent with the U.S. Copyright Office, and will adhere to the notification, takedown, counternotification and replacement of content procedure set forth at 17 U.S.C. §512 with respect to all notices of infringement arising from web content at www.american-buddha.com, or on any website hosted through MAC Address _________________.
2. Upon receipt of any notice
alleging a violation of copyright, or any other
legal rights, due to the publication of literary,
sound, video or photographic works at
www.american-buddha.com, or at any other website
originating from MAC Address ____________________,
the City will provide the complaining party with the
following notification: 3. City employee Rick Holbo shall have no contact with any matters having to do with infringement, abuse or other complaints concerning www.american-buddha.com or any other website hosted at MAC Address ______________. 4. No City employee or agent shall advise or coach persons or entities concerning how to comply with DMCA procedures, or take any action except that set forth in paragraph 2 above, when presented with claims falling within the scope of this stipulation. 5. The City will not terminate service to MAC Address ______________ at the request or complaint of any private party except as directed by a court order issued by a court of competent jurisdiction. The sole exception to this rule shall be termination for nonpayment of services at the written request of InfoStructure, or such other ISP as plaintiff may contract with to obtain services through AFN. 6. The Court shall retain jurisdiction of the third claim for relief, for enforcement purposes. 7. The first and second claims for relief shall be dismissed. Dated: February 8, 2007 By:
___________________________ Dated: February 8, 2007 By:
___________________________ ORDER Pursuant to the stipulation of the parties, it is SO ORDERED.
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