Newcal Industries, Inc. et al v. Ikon Office Solutions, Inc., et al

Filing 202

ORDER GRANTING (201 in 3:04-cv-02776-JSW) Stipulation to Stay Action Pending Finalization of Settlement Agreement. Signed by Judge JEFFREY S. WHITE on 12/3/12. (jjoS, COURT STAFF) (Filed on 12/3/2012)

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1 2 3 HENNEFER, FINLEY & WOOD, LLP JAMES A. HENNEFER (SBN 059490) 425 California Street, 19th Floor San Francisco, CA 94104 Telephone: 415.421.6100 4 Attorneys for Plaintiffs BLECHER & COLLINS, LLP MAXWELL M. BLECHER (SBN 026202) DONALD PEPPERMAN (SBN 109809) 515 S. Figueroa, Suite 1750 Los Angeles, CA 90071 Telephone: 213.622.4222 5 6 7 8 9 10 11 12 13 14 15 CROWELL & MORING LLP . KENT A. GARDINER (pro hac vice) SHARI ROSS LAHLOU (pro hac vice) 1001 Pennsylvania Avenue, N. W. Washington, DC 20004-2595 Telephone: 202.624.2500 BEATRICE B. NGUYEN (SBN 172961) 275 Battery Street. 23rd Floor San Francisco. CA 94111 Telephone: 415.365.7815 BINGHAM MCCUTCHEN LLP BRIAN C. ROCCA (SBN 221576) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: 415.393.2000 GLOBAL SERVICES, LLC, et ai., Plaintiffs, v. IKON OFFICE SOLUTIONS, INC., et al., Defendants. Attorneys for Plaintiffs MUNGER, TOLLES & OLSON LLP JOSEPH D. LEE (SBN 110840) 355 South Grand Avenue. 35th Fl. Los Angeles, CA 90071-1560 Telephone: 213.683.9100 HOJOON HWANG (SBN 184950) 560 Mission Street, 27th Fl. San Francisco, CA 94105-9781 Telephone: 415.512.4000 Attorneys for Defendant GE CAPITAL No. C 10-5974 JSW (LB) STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING FINALIZATION OF SETTLEMENT AGREEMENT elISe Nos. 04-2776-JSW & IO-S974-JSW STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING FINALIZATION OF SElTLEMENT AGREEMENT 1 Plaintiffs and Defendants in the above-captioned related actions (collectively, the 2 "Parties") hereby stipulate and agree that all litigation events and deadlines in these related 3 matters should be stayed through and including December 21, 2012, pending finalization of a 4 settlement agreement between all Parties. 5 In an effort to resolve these matters, the Parties have been working with a private 6 mediator, the Honorable Vaughn R. Walker (Ret.). The parties have agreed that Chief Judge 7 Walker may assist the parties in finalizing the settlement agreement, if needed. 8 The Parties have reached an agreement in principle to resolve these matters. 9 In the interest of judicial efficiency, and to avoid undue prejudice to the Parties, the 10 Parties seek an order staying all litigation activity in these matters pending finalization of the 11 settlement agreement and dismissal papers. 12 NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS: 13 1. All litigation activity in the above-referenced actions, including discovery events 14 and deadlines and pending motions, shall be stayed for a period of 24 days from the date of this 15 Stipulation, through and including December 21,2012, to allow the Parties time to finalize the 16 settlement agreement and to dismiss these actions. 17 18 2. On or before December 21,2012, the Parties shall file the necessary dismissal papers in furtherance of the settlement. 19 3. If the Parties are unable to finalize the settlement and file dismissal papers by 20 December 21, 2012, the Parties shall advise the Court in writing on or before that date as to the 21 status of the settlement. To the extent that any Party seeks to lift the stay and resume litigation of 22 these matters, that Party shall submit a proposed schedule for these matters that takes into 23 account the duration of the stay, but does not otherwise lengthen the schedule set forth in the 24 Civil Minute Order (NewCal D.l. 142; Global Services D.I. 66), the Order Scheduling Trial and 25 Pretrial Matters (NewCal D.l. 146), and the Order Continuing Case Management Conference and 26 Other Pretrial Deadlines (NewCal Docket No. 169, Global Services D.l. 92). 27 /I 28 II -2- Case Nos. 04-2776-JSW & IO-5974-JSW STIPULATION AND [pROPOSED] ORDER TO STAY ACTION PENDING FINALIZATION OF SETTLEMENT AGREEMENT 1 2 IT IS SO STIPULATED. Dated: November 27,2012 HENNEFER, FINLEY & WOOD, LLP Dated: November 27, 2012 BINGHAM McCUTCHEN LLP 3 4 5 6 7 8 73~~- By: • BriID1 Rocca C. Attorneys for Defendant IKON Office Solutions, Inc. 9 10 11 MUNGER TOLLES & OLSON LLP Dated: November 27,2012 12 13 k J) ..,JJ ?tr"';~CJL- c1.fJ1.. Joseph D. Lee Attorneys for Defendant General Electric Capital Corporation By: 14 15 16 17 Pursuant to stipulation, IT IS SO ORDERED. Dated: December 3 ,.2012 18 19 By: ~--~----Jeffrey S. White United States District Judge 20 21 22 23 24 25 26 27 28 -3STIPULA nON AND [pROPOSED) ORDER TO STAY AcnON Case Nos. 04-2776-JSW & IO-S974-JSW PENDING FINALIZATION OF SETILEMENT AGREEMENT

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