Page 1 Reviewed By: S. Crabtree
on 12/20/2019 9:45 AM
Envelope: Filed
January
6,
Clerk of the Court
Superior Court of CA
County of Santa Clara
1QCVBy: fmiller
KOOOQQUILUJNH
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
FACEBOOK,
INC., a Delaware corporation,
STIPULATION AND ['PROPG'SEB] ORDER
REGARDING INJUNCTION AND
DISMISSAL
Plaintiff,
LLP
90071-
Suite
V.
Kurth
CASE NO.: 19CV
Street,
TOLOCAL,
California
INC.,
TOMONGOAD,
GE a/k/a “Keater Ge,”
Andrews
Hope
INC.,
MIN
Assigned
Dept.
t0 the
Honorable Mark H. Pierce,
Angeles,
Defendants.
South
Hunton
Action Filed:
Los
Trial Date:
NNNNNNNNNr—Ar—‘r—ir—Ar—‘r—ir—Ar—‘r—ir—A
May 30,
None
ooflam-meHOKOOONom-bwmr—‘O
STIPULATED INJUNCTION
setPage 2 WHEREAS,
ToLocal,
Inc.,
on
May
30, 2019, Plaintiff Facebook, Inc. (“Facebook”) filed this action against
ToMongoAd, Inc., and Min Ge a/k/a “Keater Ge” (collectively, “Defendants”)
(together
With Facebook, “Parties”) asserting claims for Breach 0f Contract, Violations 0f California Business
and Professions Code §17200,
and Breach 0f the Implied Covenant 0f Good Faith and Fair
et seq.,
Dealing;
KOOOQQUILUJNH
WHEREAS,
accounts:
on February 28, 2019, Facebook suspended Defendants’
Facebook business
XXXXXXXXXXXOOSO and XXXXXXXXXXXI 61 1.
WHEREAS,
Defendants deny the allegations in
this action
and deny
liability for
Facebook’s
claims.
WHEREAS, the Parties have agreed t0 resolve this
and part 0f that resolution includes
action,
the entry 0f a stipulated injunction;
LLP
NOW, THEREFORE, Facebook and Defendants
90071-
stipulate
and agree as follows:
Suite
Kurth
STIPULATED INJUNCTION
Street,
California
IT IS
Andrews
HEREBY ORDERED, ADJUDGED, AND DECREED,
pursuant t0 stipulation 0f the
Hope
Parties, that:
Angeles,
South
Hunton
Defendants shall notify
1.
all their
current and future employees and agents 0f the
Los
NNNNNNNNNr—Ar—‘r—ir—Ar—‘r—ir—Ar—‘r—ir—A
existence 0f this Injunction and provide a copy 0f this Injunction to
all
current and future employees
and agents.
ooflam-bmwr—‘OKOOONOxm-bwmr—‘O
Defendants and
2.
all
individuals acting
t0 Defendants’ officers, agents, servants,
on Defendants’
behalf, including but not limited
employees, attorneys, and other persons
who
are in active
concert 0r participation with Defendants (collectively, the “Prohibited Parties”), are immediately
enj oined
and ordered as follows:
a.
Facebook account,
The Prohibited
Parties are enjoined
directly 0r indirectly, for a period
of n
from accessing, managing, operating a
less than six
months from the date
their
accounts were suspended.
b.
The Prohibited
selling, 0r offering to sell
less than six
Parties are enj oined
any services related
months from the date
t
their accounts
from
offering, advertising, marketing,
Facebook, directly 0r indirectly, for a period of n
were suspended.
STIPULATED INJUNCTIONPage 3 3.
The Court
will retain continuing jurisdiction to enforce the terms of this Stipulated
Injunction and t0 address any other matters arising out of or regarding this Stipulated Injunction,
including any allegations that the Parties have failed to comply with their obligations as set forth in
this Stipulated Injunction.
4.
\OOONQMkaNb—K
affiliates,
The
Parties agree to submit to the Court’s jurisdiction.
This Stipulated Injunction shall benefit and be binding upon Parties and their respective
predecessors, successors and assigns.
DISMISSAL
Facebook’s claims against Defendants are dismissed with prejudice, except the Court will
retain jurisdiction to enforce this Stipulated Injunction.
a:
Dated:
December
l,
{J///
on
J.
Mortimer
Kim
eff R. R.
a“
Egg
costs.
HUNTON ANDREWS KURTH LLP
2.5.— s
own fees and
aric
a
its
IT IS SO STIPULATED.
m
Each Party bears
Nelson
Attorneys for Plaintiff
FACEBOOK, INC.
Dated:
December
é,
KRONENBERGER ROSENFELD, LLP
By:
M. Ros
Liana W. Chen
ffrey
eld
Attorneys for Defendants
INC., TOMONGOAD, INC.,
MIN GE a/k/a “Keater Ge,”
TOLOCAL,
S’l‘lPULATED INJUNCTIONPage 4 IT IS
SO ORDERED.
Court retains jurisdiction.
Dated: December
_, January 6,
Signed: 1/6/2020 11:54 AM
Santa Clara County Superior Court
KOOOQQUILUJNH
Judge
LLP
90071-
Suite
Kurth
Street,
California
Andrews
Hope
Angeles,
South
Hunton
Los
NNNNNNNNNr—Ar—‘r—ir—Ar—‘r—ir—Ar—‘r—ir—A
ooflam-meHOKOOONom-bwmr—‘O
STIPULATED INIUNCTIONPage 5 CERTIFICATE OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I
am employed in the County
0f Los Angeles, State of California.
My
years and not a party t0 this action.
business address
is
I
am over the
550 South Hope
age 0f
Street, Suite
2000, Los
Angeles, California 90071-2627.
On December 20, 2019, I served the foregoing document(s) described as STIPULATION
AND [PROPOSED] ORDER REGARDING INJUNCTION AND DISMISSAL 0n the interested
parties in this action:
Jeffrey
Liana
M. Rosenfeld,
W. Chen,
Street, Suite
1o
San Francisco,
Tel.: (415) 955-1 Fax: (415) 955-1
38?.
TOMONGOAD,
KRONENBERGER ROSENFELD, LLP
150 Post
eh
Attorneysfor Defendants
Esq.
Esq.
“Keater
Ge
TOLOCAL, INC,
INC. and MIN GE a/k/a
”
CA
Email: jeff@KRInternetLaw.com
1iana@KRInternetLaW.com
By MAIL: by placing true and correct
copy(ies) thereof in an envelope addressed to the
attorney(s) 0f record, addressed as stated above.
By PERSONAL SERVICE:
D
I
delivered the envelope
by hand 0n
the addressee,
addressed as stated above.
:9:
By
D
OVERNIGHT MAIL:
by overnight
I
arranged for the above-referenced
document(s) t0 be delivered t0 an authorized overnight courier service for delivery to the
addressee(s) above, in an envelope 0r package designated by the overnight courier service
With delivery fees paid 0r provided
courier,
for.
By ELECTRONIC SERVICE: by
D
causing a true and correct copy thereof t0 be
transmitted electronically t0 the attorney(s) of record at the e-mail address(es) indicated
above.
I
true
and
declare under penalty 0f perjury under the laws of the State of California that the above
correct.
Executed on December 20, 2019, Los Angeles, California.
/s/
Mark Johnson
Mark Johnson
073923.
EMF_US
76156575V
STIPULATED INJUNCTION
is
PDF Page 1
PlainSite Cover Page
PDF Page 2
Reviewed By: S. Crabtree
on 12/20/2019 9:45 AM
Envelope: 3797200
Filed
January
6,
2020
Clerk of the Court
Superior Court of CA
County of Santa Clara
1QCV348954
By: fmiller
KOOOQQUILUJNH
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
FACEBOOK,
INC., a Delaware corporation,
STIPULATION AND ['PROPG'SEB] ORDER
REGARDING INJUNCTION AND
DISMISSAL
Plaintiff,
2000
LLP
90071-2627
Suite
V.
Kurth
CASE NO.: 19CV348954
Street,
TOLOCAL,
California
INC.,
TOMONGOAD,
GE a/k/a “Keater Ge,”
Andrews
Hope
INC.,
MIN
Assigned
Dept. 2
t0 the
Honorable Mark H. Pierce,
Angeles,
Defendants.
South
Hunton
Action Filed:
550
Los
Trial Date:
NNNNNNNNNr—Ar—‘r—ir—Ar—‘r—ir—Ar—‘r—ir—A
May 30, 2019
None
ooflam-meHOKOOONom-bwmr—‘O
STIPULATED INJUNCTION
set
PDF Page 3
WHEREAS,
ToLocal,
Inc.,
on
May
30, 2019, Plaintiff Facebook, Inc. (“Facebook”) filed this action against
ToMongoAd, Inc., and Min Ge a/k/a “Keater Ge” (collectively, “Defendants”)
(together
With Facebook, “Parties”) asserting claims for Breach 0f Contract, Violations 0f California Business
and Professions Code §17200,
and Breach 0f the Implied Covenant 0f Good Faith and Fair
et seq.,
Dealing;
KOOOQQUILUJNH
WHEREAS,
accounts:
on February 28, 2019, Facebook suspended Defendants’
Facebook business
XXXXXXXXXXXOOSO and XXXXXXXXXXXI 61 1.
WHEREAS,
Defendants deny the allegations in
this action
and deny
liability for
Facebook’s
claims.
WHEREAS, the Parties have agreed t0 resolve this
and part 0f that resolution includes
action,
the entry 0f a stipulated injunction;
2000
LLP
NOW, THEREFORE, Facebook and Defendants
90071-2627
stipulate
and agree as follows:
Suite
Kurth
STIPULATED INJUNCTION
Street,
California
IT IS
Andrews
HEREBY ORDERED, ADJUDGED, AND DECREED,
pursuant t0 stipulation 0f the
Hope
Parties, that:
Angeles,
South
Hunton
Defendants shall notify
1.
550
all their
current and future employees and agents 0f the
Los
NNNNNNNNNr—Ar—‘r—ir—Ar—‘r—ir—Ar—‘r—ir—A
existence 0f this Injunction and provide a copy 0f this Injunction to
all
current and future employees
and agents.
ooflam-bmwr—‘OKOOONOxm-bwmr—‘O
Defendants and
2.
all
individuals acting
t0 Defendants’ officers, agents, servants,
on Defendants’
behalf, including but not limited
employees, attorneys, and other persons
who
are in active
concert 0r participation with Defendants (collectively, the “Prohibited Parties”), are immediately
enj oined
and ordered as follows:
a.
Facebook account,
The Prohibited
Parties are enjoined
directly 0r indirectly, for a period
of n0
from accessing, managing, operating a
less than six
months from the date
their
accounts were suspended.
b.
The Prohibited
selling, 0r offering to sell
less than six
Parties are enj oined
any services related
months from the date
t0
their accounts
from
offering, advertising, marketing,
Facebook, directly 0r indirectly, for a period of n0
were suspended.
2
STIPULATED INJUNCTION
PDF Page 4
3.
The Court
will retain continuing jurisdiction to enforce the terms of this Stipulated
Injunction and t0 address any other matters arising out of or regarding this Stipulated Injunction,
including any allegations that the Parties have failed to comply with their obligations as set forth in
this Stipulated Injunction.
4.
\OOONQMkaNb—K
affiliates,
The
Parties agree to submit to the Court’s jurisdiction.
This Stipulated Injunction shall benefit and be binding upon Parties and their respective
predecessors, successors and assigns.
DISMISSAL
Facebook’s claims against Defendants are dismissed with prejudice, except the Court will
retain jurisdiction to enforce this Stipulated Injunction.
a:
Dated:
December
l, 2019
{J///
on
J.
Mortimer
Kim
eff R. R.
a“
Egg
costs.
HUNTON ANDREWS KURTH LLP
2.5.— 15
s
own fees and
11
aric
a
its
IT IS SO STIPULATED.
10
m
Each Party bears
Nelson
Attorneys for Plaintiff
16
FACEBOOK, INC.
17
18
19
Dated:
December
é, 2019
KRONENBERGER ROSENFELD, LLP
20
21
By:
M. Ros
Liana W. Chen
ffrey
22
eld
Attorneys for Defendants
23
INC., TOMONGOAD, INC.,
MIN GE a/k/a “Keater Ge,”
TOLOCAL,
24
25
26
27
28
3
S’l‘lPULATED INJUNCTION
PDF Page 5
IT IS
SO ORDERED.
Court retains jurisdiction.
Dated: December
_, 2019
January 6, 2020
Signed: 1/6/2020 11:54 AM
Santa Clara County Superior Court
KOOOQQUILUJNH
Judge
2000
LLP
90071-2627
Suite
Kurth
Street,
California
Andrews
Hope
Angeles,
South
Hunton
550
Los
NNNNNNNNNr—Ar—‘r—ir—Ar—‘r—ir—Ar—‘r—ir—A
ooflam-meHOKOOONom-bwmr—‘O
4
STIPULATED INIUNCTION
PDF Page 6
CERTIFICATE OF SERVICE
1
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
I
4
am employed in the County
0f Los Angeles, State of California.
My
years and not a party t0 this action.
business address
is
I
am over the
550 South Hope
age 0f 18
Street, Suite
2000, Los
Angeles, California 90071-2627.
5
6
7
8
On December 20, 2019, I served the foregoing document(s) described as STIPULATION
AND [PROPOSED] ORDER REGARDING INJUNCTION AND DISMISSAL 0n the interested
parties in this action:
Jeffrey
Liana
9
M. Rosenfeld,
W. Chen,
Street, Suite
1o
San Francisco,
11
Tel.: (415) 955-1 155
Fax: (415) 955-1 158
38?.
TOMONGOAD,
KRONENBERGER ROSENFELD, LLP
150 Post
eh
Attorneysfor Defendants
Esq.
Esq.
“Keater
Ge
TOLOCAL, INC,
INC. and MIN GE a/k/a
”
520
CA 94108
Email: jeff@KRInternetLaw.com
1iana@KRInternetLaW.com
By MAIL: by placing true and correct
copy(ies) thereof in an envelope addressed to the
attorney(s) 0f record, addressed as stated above.
By PERSONAL SERVICE:
D
I
delivered the envelope
by hand 0n
the addressee,
addressed as stated above.
:9:
16
17
By
D
OVERNIGHT MAIL:
by overnight
I
arranged for the above-referenced
document(s) t0 be delivered t0 an authorized overnight courier service for delivery to the
addressee(s) above, in an envelope 0r package designated by the overnight courier service
18
With delivery fees paid 0r provided
19
courier,
for.
By ELECTRONIC SERVICE: by
D
causing a true and correct copy thereof t0 be
transmitted electronically t0 the attorney(s) of record at the e-mail address(es) indicated
20
above.
21
22
23
I
true
and
declare under penalty 0f perjury under the laws of the State of California that the above
correct.
Executed on December 20, 2019, Los Angeles, California.
24
/s/
Mark Johnson
Mark Johnson
25
26
27
28
073923.0000039
EMF_US
76156575V1
STIPULATED INJUNCTION
is