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)

1
2
3

HENNEFER, FINLEY & WOOD, LLP
JAMES A. HENNEFER (SBN 059490)
[e-mail]
425 California Street, 19th Floor
San Francisco, CA 94104
Telephone: [phone]

4

Attorneys for Plaintiffs

BLECHER & COLLINS, LLP
MAXWELL M. BLECHER (SBN 026202)
[e-mail]
DONALD PEPPERMAN (SBN 109809)
[e-mail]
515 S. Figueroa, Suite 1750
Los Angeles, CA 90071
Telephone: [phone]

5
6
7
8
9
10
11
12
13
14
15

CROWELL & MORING LLP
.
KENT A. GARDINER (pro hac vice)
[e-mail]
SHARI ROSS LAHLOU (pro hac vice)
[e-mail]
1001 Pennsylvania Avenue, N. W.
Washington, DC 20004-2595
Telephone: [phone]
BEATRICE B. NGUYEN (SBN 172961)
[e-mail]
275 Battery Street. 23rd Floor
San Francisco. CA 94111
Telephone: [phone]
BINGHAM MCCUTCHEN LLP
BRIAN C. ROCCA (SBN 221576)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]

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)
[e-mail]
355 South Grand Avenue. 35th Fl.
Los Angeles, CA 90071-1560
Telephone: [phone]
HOJOON HWANG (SBN 184950)
[e-mail]
560 Mission Street, 27th Fl.
San Francisco, CA 94105-9781
Telephone: [phone]
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