Opinion
No. 04 Civ 0251 (JBW) (RLM).
October 7, 2004
Richard H. Dolan, Schlam Stone Dolan LLP New York, New York, Counsel for Verizon Directories Corp.
Victor A. Kovner, Davis Wright Tremaine LLP, New York, New York, Counsel for Yellow Book USA, Inc.
JOINT STIPULATION TO BE FILED UNDER SEAL
WHEREAS plaintiff Verizon Directories Corp. ("Verizon") commenced this action on or about January 22, 2004, asserting various claims against defendant Yellow Book USA, Inc. ("Yellow Book"); and
WHEREAS a bench trial on liability and injunctive relief was held before Judge Jack B. Weinstein between July 26, 2004 and August 18, 2004; and
WHEREAS, by Order dated September 14, 2004, Judge Weinstein reserved decision on liability and injunctive relief and scheduled a jury trial on damages to commence on December 13, 2004; and
WHEREAS the parties have conditionally resolved some, but not all, of the issues in this matter;
NOW THEREFORE:
1. The parties hereby request the Court to issue a Final Memorandum, Order and Judgment, with supporting findings of fact and conclusions of law, as envisioned by Judge Weinstein. If the Court declines to issue such a Final Memorandum, Order and Judgment, this Joint Stipulation is void.
2. The parties agree that, in light of Yellow Book's August 30, 2004 voluntary Undertaking and Stipulation, entered as an Order by the Court on September 2, 2004, no court-ordered injunctive relief is necessary. The so-ordered voluntary Undertaking and Stipulation will remain in effect unless vacated by a Court.
3. The parties agree that there will be no trial on damages.
4. The parties agree that each party retains and expressly reserves its right to appeal from the Final Memorandum, Order and Judgment to be issued by the Court.
5. Each party will bear its own fees and costs in connection with this litigation.
6. This Joint Stipulation shall be filed under seal with the Court, but shall be deemed unsealed upon the Court's issuance of a Final Memorandum, Order and Judgment.
So Ordered.