Vinovation, Inc. et al v. VA Filtration USA LLC

Filing 94

ORDER GRANTING 93 Stipulation for Second Extension of Conditional Dismissal. Signed by Judge Jeffrey S. White on April 6, 2010. (jswlc2, COURT STAFF) (Filed on 4/6/2010)

Case3:06-cv-02026-JSW Document93

Filed04/06/10 Page1 of 3

1 MICHAEL E. DERGOSITS (SBN 118206) TEDDY K. JOE (SBN 242589) 2 DERGOSITS & NOAH LLP Three Embarcadero Center, Suite 410 3 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 5 Email: [e-mail] 6 EDWARD W. GOLDSTEIN (pro hac vice) ALISA A. LIPSKI ( pro hac vice ) 7 JODY M. GOLDSTEIN ( pro hac vice ) GOLDSTEIN, FAUCETT & PREBEG L.L.P. 8 1177 West Loop South, Suite 400 Houston, TX 77027 9 Telephone: [phone] Facsimile: [phone] 10 E-mail: [e-mail] [e-mail] 11 [e-mail] 12 Attorneys for Plaintiffs 13 VINOVATION, INC. and OENOVATION INTERNATIONAL LLC 14 15 16 17 18

R. DANNY HUNTINGTON (pro hac vice) BRIAN TOLLEFSON (pro hac vice) ROTHWELL, FIGG, ERNST & MANBECK, P.C. 1425 K Street, N.W. Suite 800 Washington, D.C. 20005 Main No.: [phone] Fax No.: [phone] Email: [e-mail] LAW OFFICE OF JUDITH S.H. HOM JUDITH S.H. HOM (SBN 203482) 236 West Portal Ave. #500 San Francisco, CA 94127 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant VA FILTRATION USA LLC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No.: 3:06-cv-02026-JSW [PROPOSED] ORDER GRANTING SECOND EXTENSION OF CONDITIONAL DISMISSAL [F.R.C.P. 41(a)] Honorable Jeffrey S. White

) ) ) ) ) ) ) ) 23 VA FILTRATION USA LLC, a California ) ) corporation, ) 24 ) Defendant. 19 VINOVATION, INC., a California corporation and OENOVATION 20 INTERNATIONAL LLC, a California 21 corporation Plaintiffs, vs. 22 25 26 27 28

[PROPOSED] ORDER GRANTING 30-DAY EXTENSION OF CONDITIONAL DISMISSAL Civil Action No.: 3:06-cv-02026-JSW

1

Case3:06-cv-02026-JSW Document93

Filed04/06/10 Page2 of 3

1

On February 18, 2010, the Court entered an Order (D.I. No. 91) for a voluntary 30-day

2 Conditional Dismissal with prejudice of the above entitled action, under Federal Rule of Civil 3 Procedure 41(a). The Order provided that Plaintiffs or Defendant could restore this matter to the 4 Court's active docket in the event that the parties fail to fully execute a written settlement 5 agreement within 30 days from the date of this Order. The parties were in agreement about the 6 terms of the settlement and reduced the agreement to a writing ready to be signed by the parties. 7 However, the transaction contemplated by the settlement required the consent of a third party. 8 The third party was requested to provide the necessary consent on March 19, 2010, once the 9 parties had finalized the language of the settlement agreement. The third party refused to 10 provide the consent required to go forward with the transaction set forth in the settlement 11 agreement between the parties. The parties have now re-negotiated the settlement to eliminate 12 the need for the third party consent. In order to provide the parties with a reasonable time to 13 obtain the signatures on the new settlement documents, the parties hereby stipulate and request 14 the Court to extend the March 23, 2010 Order (D.I. No. 92) for seven (7) additional days, 15 requiring the parties until April 13, 2010 to restore the case to the active docket if required. 16 IT IS SO STIPULATED. 17 Dated: April 6, 2010 18 19 20 21 22 23 Dated: April 6, 2010 24 25 26 27 28
[PROPOSED] ORDER GRANTING 30-DAY EXTENSION OF CONDITIONAL DISMISSAL Civil Action No.: 3:06-cv-02026-JSW 2

DERGOSITS & NOAH LLP By: /s/ Michael E. Dergosits Attorney for Plaintiffs VINOVATION, INC. and OENOVATION INTERNATIONAL LLC

LAW OFFICE OF JUDITH S.H. HOM By: /s/

Judith Hom

Attorney for Defendant VA FILTRATION USA LLC

Case3:06-cv-02026-JSW Document93

Filed04/06/10 Page3 of 3

1 Pursuant to Stipulation, IT IS SO ORDERED. 2 3 April 6, 2010 4 Date:_______________________ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER GRANTING 30-DAY EXTENSION OF CONDITIONAL DISMISSAL Civil Action No.: 3:06-cv-02026-JSW 3

__________________________________ THE HONORABLE JEFFREY S. WHITE United States District Court Judge