Oracle Corporation v. Skywire Holdings, LLC et al

Filing 95

STIPULATION AND ORDER Plaintiff and Defendant have agreed on a settlement in this matter;The following motions are taken off calendar re 62 MOTION to Strike 48 Declaration in Support Defendants' Objections and Motion to Strike Declaration of Jeffrey Ross in Opposition to Plaintiff's Motion for Summary Judgment MOTION to Strike 48 Declaration in Support Defendants' Objections and Motion to Strike Declaration of Jeffrey Ross in Opposition to Plaintiff's Motion for Summary Judgment filed by Skywire Holdings, LLC, Donald Braun, 46 MOTION for Summary Judgment filed by Oracle Corporation, 61 MOTION to Strike 38 Jury Demand MOTION to Strike 38 Jury Demand filed by Oracle Corporation. Signed by Judge Charles R. Breyer on 9/24/2009. (ls, COURT STAFF) (Filed on 9/24/2009)

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MERYL MACKLIN (CA State Bar No. 115053) ADAM BREZINE (CA State Bar No. 220852) HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: [phone] Facsimile: [phone] DEBORAH MILLER (CA State Bar No. 95527) JEFFREY S. ROSS (CA State Bar No. 138172) ORACLE USA, INC. 500 Oracle Parkway, 7th Floor Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ORACLE CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5702 CRB CASE NO. 08-5703 CRB STIPULATION RE SETTLEMENT AND HEARING ON MOTIONS FOR SUMMARY JUDGMENT AND TO STRIKE JURY DEMAND; [PROPOSED] ORDER Hearing Date: September 25, 2009 Hearing Time: 10:00 a.m. Courtroom: 8 Judge: Hon. Charles R. Breyer

ORACLE CORPORATION, a Delaware corporation, Plaintiff, v. SKYWIRE HOLDINGS, LLC, a Delaware limited liability company, and DONALD BRAUN, SELLER REPRESENTATIVE, an individual, Defendants.

1 Stipulation for Dismissal Oracle Corporation v. Skywire Holdings and Donald Braun Case No. 08-5702 CRB
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Plaintiff Oracle Corporation and Defendants Skywire Holdings LLC and Donald Braun (collectively, the "Parties"), have agreed on a settlement of this matter, and have documented the settlement. The resolution of this matter involves a payment of funds currently held in an escrow account at Wells Fargo Bank, and so, even though the escrow instructions have been completed and sent to Wells Fargo, the Parties do not know exactly when the payment will be made. Payment may not be made before the hearing on Oracle's Motion for Summary Judgment and Motion to Strike Jury, which is scheduled for September 25, 2009. Once payment has been made, the Parties will file a stipulation for dismissal. The Parties therefore jointly request that the Court take off calendar the hearings on Oracle's Motion for Summary Judgment and Motion to Strike Jury, and Defendants' companion Motion to Strike Declaration of Jeffrey Ross. HOLME ROBERTS & OWEN LLP

Dated: September 23, 2009

By: s/ Meryl Macklin Meryl Macklin Adam Brezine Attorneys for ORACLE CORPORATION SHEPPARD MULLIN RICHTER & HAMPTON LLP

Dated: September 23, 2009

By: s/Steven Winick Steven Winick Robert Stumpf Attorneys for SKYWIRE HOLDINGS, LLC

2 Stipulation for Dismissal Oracle Corporation v. Skywire Holdings and Donald Braun Case No. 08-5702 CRB
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 24, 2009

[PROPOSED] ORDER Good cause appearing therefor, IT IS HEREBY ORDERED that Plaintiff Oracle Corporation's Motion for Summary Judgment and Motion to Strike Jury Demand, and Defendants' Motion to Strike, each of which is set for hearing on September 25, 2009, are hereby taken off calendar.

_______________________________ Hon. Charles R. Breyer United States District Judge

3 Stipulation for Dismissal Oracle Corporation v. Skywire Holdings and Donald Braun Case No. 08-5702 CRB
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