Altec Industries, Inc. v. Walker et al

Filing 98

ORDER Granting Altec Industries, Inc.'s Motion to Enforce Settlement signed by Magistrate Judge Elizabeth D. Laporte: granting [90-4] Motion. (shyS, COURT STAFF) (Filed on 6/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALTEC INDUSTRIES, INC., an Alabama
corporation,
Plaintiff,
v.
EDWARD J. WALKER, an individual,
MATT MARIANI, an individual, and
IDLE REDUCTION TECH, a business
entity,
Defendants.

Case No. 3:13-cv-03505-EDL
____________ORDER GRANTING
[PROPOSED]
ALTEC INDUSTRIES, INC.’S MOTION
TO ENFORCE SETTLEMENT
Hearing Date:
Hearing Time:
Courtroom:
Magistrate Judge:
Complaint Filed:

May 19, 2015
9:00 a.m.
E
Hon. Elizabeth D. Laporte
July 30, 2013

EDWARD J. WALKER, an Individual,
MATT MARIANI, an Individual, and
IDLE REDUCTION TECH, a business
entity,
Counter-Claimants,

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v.

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ALTEC INDUSTRIES, INC., an Alabama
corporation,

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Counter-Defendant.

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On May 19, 2015, the Court heard Plaintiff Altec Industries, Inc.’s (“Altec”) Motion to

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Enforce the May 29, 2014 Settlement Agreement by and between Altec and Defendants Ed

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Walker, Matt Mariana, and Idle Reduction Tech (collectively, “Defendants”). Plaintiff and

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Defendants were each duly represented by counsel. Having read and considered the papers filed

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in support of and in opposition to the motion, and having heard the oral arguments of counsel,

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

CASE NO. 3:13-cv-03505-EDL
[PROPOSED] ORDER GRANTING ALTEC INDUSTRIES, INC.’S MOTION TO ENFORCE SETTLEMENT

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THE COURT ORDERS AS FOLLOWS:

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GOOD CAUSE APPEARING THEREFOR, Altec’s Motion to Enforce Settlement is

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Granted and the parties are bound by the terms of the May 2014 Agreement. The parties are

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hereby ordered to complete the following within 14 days of entry of this Order:

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1.

Defendants Walker and Mariani will execute the patent rights assignment form

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attached as Exhibit 2 to the Declaration of Duane H. Mathiowetz in Support of the Motion to

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Enforce Settlement;

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2.

All parties to execute the Mutual General Release of All Claims in the form

attached as Exhibit 10 to the Declaration of Duane H. Mathiowetz; and
3.

All parties, following the execution of the Mutual General Release of All Claims,

to dismiss with prejudice the action, including all claims and counter-claims.
IT IS SO ORDERED.

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Dated: ________________, 2015
June 8

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_________________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge

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34079-0006
SF\321429172.1

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S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-2-

CASE NO. 3:13-cv-03505-EDL
[PROPOSED] ORDER GRANTING ALTEC INDUSTRIES, INC.’S MOTION TO ENFORCE SETTLEMENT