X/Open Company, Ltd. v. Xinuos, Inc.

Filing 39

STIPULATION AND ORDER to Vacate and Reset Hearing and for an Extension of Time to Finalize Settlement Agreement and Dismissal. Signed by Judge Richard Seeborg on 4/26/17. (cl, COURT STAFF) (Filed on 4/26/2017)

1
2
3
4
5
6
7
8
9
10
11

Morgan E. Smith (SBN 293503)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
[e-mail]
3300 Hillview Avenue
Palo Alto, CA 94304
Telephone:
[phone]
Facsimile:
[phone]
Mark Sommers (admitted pro hac vice)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
[e-mail]
901 New York Avenue, N.W.
Washington, D.C. 20001-4413
Telephone:
[phone]
Facsimile:
[phone]

Nate A. Garhart (SBN 196872)
Vijay K. Toke (SBN 215079)
Matthew S. Slevin (SBN 287968)
COBALT LLP
[e-mail]
[e-mail]
[e-mail]
918 Parker Street, Bldg. A21
Berkeley, CA 94710
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Xinuos, Inc.

Attorneys for Plaintiff
X/Open Company Limited

12
13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17

X/OPEN COMPANY LIMITED

18

Case No. 3:16-cv-03122-RS

Plaintiff,

19

v.

20

XINUOS, INC.,

21

JOINT STIPULATED REQUEST AND
[PROPOSED] ORDER TO VACATE AND
RESET HEARING AND FOR AN
EXTENSION OF TIME TO FINALIZE
SETTLEMENT AGREEMENT AND
DISMISSAL

Defendant.

22
23

Date: April 27, 2017
Time: 2:30 p.m.
Courtroom: 3, 17th Floor
Judge: Hon. Richard Seeborg

24
25
26
27

Plaintiff X/Open Company Ltd. (“X/Open”) and Defendant Xinuos, Inc. (“Xinuos”), through

28

their undersigned attorneys hereby jointly notify the Court that the parties are finalizing a settlement
1

STIPULATED REQUEST & PROPOSED ORDER
CASE NO. 3:16-CV-03122-RS

1

agreement reached during the parties’ February 16, 2017 mediation and respectfully request that the

2

Court vacate the Standby Order of Dismissal hearing currently set for April 27, 2017, at 2:30 p.m.,

3

reset the hearing for May 18, 2017, or another time convenient for the Court, and grant the parties a

4

two-week extension of time to file a stipulation of dismissal.

5

JOINT DECLARATION OF THE PARTIES:

6

1. The parties settled this matter during mediation on February 16, 2017.

7

2. The parties are currently working to finalize the settlement agreement and anticipate filing

8
9

a joint stipulation of dismissal within the next two weeks.
Therefore, the parties jointly request that the Court vacate and reset the April 27, 2017

10

hearing to May 18, 2017, or another time convenient to the Court, and grant the parties a two-week

11

extension to file a stipulated dismissal.

12
13

By signature below, counsel for Plaintiff attests that counsel for Defendant concurs in the
filing of this paper.

14
15

Respectfully Submitted:

16
17
18
19
20
21

Dated: April 26, 2017

By: /s/ Morgan E. Smith
Morgan E. Smith (SBN 293503)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
[e-mail]
3300 Hillview Avenue
Palo Alto, CA 94304
Telephone:
[phone]
Facsimile:
[phone]

22
23

Attorney for Plaintiff
X/Open Company Limited

24
25
26
27
28
2

STIPULATED REQUEST & PROPOSED ORDER
CASE NO. 3:16-CV-03122-RS

1

Dated: April 26, 2017

2
3
4
5
6
7

By: /s/ Vijay K. Toke
Nate A. Garhart (SBN 196872)
Vijay K. Toke (SBN 215079)
Matthew S. Slevin (SBN 287968)
COBALT LLP
[e-mail]
[e-mail]
[e-mail]
918 Parker Street, Bldg. A21
Berkeley, CA 94710
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Xinuos, Inc.

8
9
10
11
12
13
14

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

15
16

Dated: 4/26/17

17
18
19
20

The Hon. Richard Seeborg
United States District Judge
Northern District of California

21
22
23
24
25
26
27
28
3

STIPULATED REQUEST & PROPOSED ORDER
CASE NO. 3:16-CV-03122-RS