Asetek Danmark A/S v. Newegg Inc. et al

Filing 53

STIPULATION AND ORDER re 52 STIPULATION WITH PROPOSED ORDER Joint Stipulated Request and Proposed Order to Continue Stay of Proceedings Pending Consummation of Settlement filed by Asetek Danmark A/S. Signed by Judge Jon S. Tigar on October 5, 2017. (wsn, COURT STAFF) (Filed on 10/5/2017)

1
2
3
4
5
6
7
8
9
10

Robert F. McCauley (SBN 162056)
[e-mail]
Erik P. Puknys (SBN 190926)
[e-mail]
Jacob Schroeder (SBN 264717)
[e-mail]
Jeffrey D. Smyth (SBN 280665)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, California 94304
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
ASETEK DANMARK A/S

11
12

Gordon M. Fauth, Jr. (SBN 190280)
LITIGATION LAW GROUP
1801 Clement Avenue, Suite 101
Alameda, CA 94501
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Kent E. Baldauf, Jr. (PA ID No. 70793)*
Bryan P. Clark (PA ID No. 205708)*
Christian D. Ehret (PA ID No. 311984)*
THE WEBB LAW FIRM
Once Gateway Center
420 Ft. Duquesne Blvd., Suite 1200
Pittsburgh, PA 15222
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
*Pro Hac Vice Applications Forthcoming*

13
Attorneys for Defendants
Newegg, Inc. and Newegg North America, Inc.

14
15
16
17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA

19

SAN FRANCISCO DIVISION

20
21

ASETEK DANMARK A/S

22
23
24

Plaintiff,
v.

NEWEGG INC., NEWEGG NORTH
AMERICA INC.,

CASE NO. 3:16-CV-07068-JST
JOINT STIPULATED REQUEST AND
[PROPOSED] ORDER TO CONTINUE
STAY OF PROCEEDINGS PENDING
CONSUMMATION OF SETTLEMENT

25
Defendants.
26
27
28
JOINT STIPULATED REQUEST FOR STAY
AND [PROPOSED] ORDER
Case No. 3:16-CV-7068-JST

1

Plaintiff Asetek Danmark A/S (“Asetek”) and Defendants Newegg Inc. and Newegg North

2

America Inc. (“Newegg”), through their undersigned attorneys, hereby jointly notify the Court that

3

the parties have reached an agreement to settle this matter, which was recently signed by a

4

representative of Newegg but not yet by Asetek’s CEO (who has been traveling and largely

5

unavailable since receipt of Newegg’s signature this past weekend). Counsel for the parties further

6

note that once the settlement agreement has been fully executed, there is a further act that must be

7

completed per the settlement agreement before the parties will file a stipulated consent judgment.

8

Accordingly, counsel respectfully request an order from the Court to stay proceedings for an

9

additional 14 days (the parties expect to file a consent judgment papers within the 14 day period).

10
11

THEREFORE, the parties jointly request that the Court stay all deadlines in this case for 14
days until October 19, 2017.

12
13

Dated: October 4, 2017

By:/s/ Robert F. McCauley
Robert F. McCauley
Attorneys for Plaintiff
ASETEK DANMARK A/S

Dated: October 4, 2017

By: /s/ Gordon M. Fauth, Jr.
Gordon M. Fauth, Jr.
Attorneys for Defendants
NEWEGG INC. and
NEWEGG NORTH AMERICA INC.

14
15
16
17
18
19
20

ATTESTATION

21
22
23

I hereby attest that concurrence in the content and filing of this document has been obtained
from counsel for Defendants.

24
25
26
27

Dated: October 4, 2017

By:/s/ Robert F. McCauley
Robert F. McCauley
Attorneys for Plaintiff
ASETEK DANMARK A/S

28
2

JOINT STIPULATED REQUEST FOR STAY
AND [PROPOSED] ORDER
Case No. 3:16-CV-7068-JST

[PROPOSED] ORDER

1
2

Having considered the foregoing joint stipulated request and finding that good cause exists to

3

stay this proceeding, it is HEREBY ORDERED that all deadlines in this matter are stayed until

4

October 19, 2017.

5
6

It is further ORDERED that the parties shall file consent judgment papers or an updated
stipulated schedule by October 19, 2017.

7
8
9
10

October 5, 2017
Dated: ______________
The Honorable Jon S. Tigar
United States District Court Judge
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

JOINT STIPULATED REQUEST FOR STAY
AND [PROPOSED] ORDER
Case No. 3:16-CV-7068-JST