Osanitsch v. Marconi PLC

Filing 147

ORDER re 146 Stipulation filed by Marconi PLC, Telent Ltd., Marconi Communications, Set/Reset Deadlines as to 146 Stipulation, 126 MOTION for Attorney Fees. Motion Hearing reset for 4/9/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 3/11/2010. (be, COURT STAFF) (Filed on 3/11/2010)

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Matthew G. Ball (SBN 208881) [e-mail] Harold H. Davis, Jr. (SBN 235552) [e-mail] Jas S. Dhillon (SBN 252842) [e-mail] K&L GATES LLP Four Embarcadero Center, 12th Floor San Francisco, CA 94111 Telephone: [phone] Fax: [phone] Attorneys for Defendant MARCONI PLC, MARCONI COMMUNICATIONS and TELENT LTD. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DIVISION

JOHN OSANITSCH, Plaintiff, vs.

Case No. 3:05-cv-03988-CRB STIPULATION TO CONTINUE HEARING ON DEFENDANTS MOTION FOR ATTORNEYS' FEES; [PROPOSED ORDER]

MARCONI PLC, MARCONI ACQUISITION SUB, INC., MARCONI COMMUNICATIONS, [OLD] HEARING DATE: March 12, 2010 TELEPHON AB L.M. ERICCSON, TELENT [NEW] HEARING DATE: April 9, 2010 LTD., TIME: 10:00 a.m. Defendants. JUDGE: Charles R. Breyer

STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION FOR ATTORNEYS' FEES Case No. 3:05-cv-03988-CRB 1

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On January 5, 2010, Defendants Marconi plc, Marconi Communications, and Telent plc (collectively "Defendants") filed a motion to recover their attorneys' fees pursuant to the Employee Separation Agreement and General Release executed between Plaintiff John Osanitsch ("Osanitsch") and Defendants. On January 15, 2010, Osanitsch and Defendants, collectively, filed a stipulation to continue the hearing date on Defendants' Motion for Attorneys' Fees from February 12, 2010 to March 12, 2010. On January 22, 2010, this Court granted the Stipulation between Osanitsch and Defendants. After this Court granted the Stipulation, the parties discussed settlement of this action pursuant to the mediation program for the Ninth Circuit Court of Appeals. Osanitsch and Defendants are currently in the process of exchanging drafts of a settlement agreement. In order to allow those discussions to continue and reach final settlement of this action, the parties have agreed, and hereby stipulate, to continue the hearing date on Defendants' Motion for Attorneys' Fees. Accordingly, Osanitsch and Defendants stipulate and agree to continue the hearing date on Defendants' Motion for Attorneys' Fees from March 12, 2010 to April 9, 2010, or as soon thereafter as the Court finds convenient.

STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION FOR ATTORNEYS' FEES Case No. 3:05-cv-03988-CRB 2

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K&L GATES LLP

By: /s/Harold H. Davis, Jr. Matthew G. Ball (SBN 208881) [e-mail] Harold H. Davis, Jr. (SBN 235552) [e-mail] Jas S. Dhillon (SBN 252842) [e-mail] Attorneys for Defendant MARCONI PLC, MARCONI COMMUNICATIONS and TELENT LTD.

THE LAW OFFICES OF JAMES J. SELTZER

By: /s/Timothy Murphy Timothy M u r p h y Attorney for Plaintiff JOHN OSANITSCH

PURSUANT TO STIPULATION IT IS SO ORDERED. Dated: ______________ March 11, 2010

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_____________________________________ The Honorable Charles R. Breyer D

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STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION FOR ATTORNEYS' FEES Case No. 3:05-cv-03988-CRB 3

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