Vertical Tank, Inc. v. BakerCorp

Filing 58

ORDER AFTER SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 9/5/2019. Stipulated dismissal due by 11/29/2019. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

VERTICAL TANK, INC.,

12

Plaintiff,

13

ORDER AFTER SETTLEMENT CONFERENCE

v.

14

Case No.: 1:18-cv-00145 LJO LJT

BAKERCORP,

15

Defendant.

16
17

The Court held a settlement conference at which the parties were able to resolve the matter.

18

The parties placed most of the material terms on the record but failed to note a few other material

19

terms. Thus, in addition to the terms placed on the record, at the settlement conference, the Court

20

notes that the parties also agreed to the following material terms:

21

1.

The defendant will verify that 124 of the tanks at issue have been modified. It will do

22

this by providing photographs of the modified tanks, which have been taken in such a manner as to as

23

to capture both the modification and the tank’s serial number in the frame;

24

2.

As to the 20 unmodified tanks at issue, the defendant need not modify these tanks;

25

3.

At the request of either party, the Court will retain jurisdiction, to enforce the

26
27
28

settlement agreement;
4.

The plaintiff agrees that it will not file litigation to challenge whether the modification,

noted above in paragraph 1, infringes on the plaintiff’s patent(s);

1

1

In addition, the Court ORDERS:

2

1.

The defendant SHALL provide a draft of the settlement agreement to plaintiff no later

3

than September 27, 2019. The plaintiff SHALL provide any changes to the draft settlement

4

agreement to the defendant no later than October 18, 2019;
2.

6
7
8
9
10

The stipulation to dismiss the action SHALL be filed no later than November 29,

2.

5

All pending deadlines, including the trial and pretrial conference dates, are

2019;

VACATED.
The parties are advised that failure to comply with this order may result in the Court
imposing sanctions, including the dismissal of the action.

11
12
13
14

IT IS SO ORDERED.
Dated:

September 5, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28

2