Optrics Inc v. Barracuda Networks Inc

Filing 346

STIPULATION AND ORDER RE 345 Order Entering Stay of Case Pending Settlement Except ECF NO. 234 filed by Barracuda Networks Inc. Signed by Judge Richard Seeborg on 7/20/2020. (clS, COURT STAFF) (Filed on 7/20/2020)

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RIMON, P.C.
Karineh Khachatourian (SBN 202634)
[e-mail]
Phillip K. Wang (SBN 186712)
[e-mail]
Nikolaus A. Woloszczuk (SBN 286633)
[e-mail]
2479 E. Bayshore Road, Suite 210
Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]

KAO, LLP
Chris Kao (SBN 227086)
[e-mail]
Andrew Hamill (SBN 25116)
[e-mail]
201 Mission Street, Suite 1930
San Francisco, California 94105
Tel. [phone]
Fax. [phone]
Attorneys for Plaintiff,
OPTRICS INC.

Attorneys for Defendant,
BARRACUDA NETWORKS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Plaintiff,

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Case No. 17-cv-04977-RS-TSH

OPTRICS INC.,

v.

STIPULATION AND ORDER
ENTERING STAY OF CASE
PENDING SETTLEMENT EXCEPT
ECF NO. 234

BARRACUDA NETWORKS, INC., a Delaware
Corporation, and DOES 1 through 10, inclusive,

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Defendant.
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STIPULATION AND ORDER ENTERING STAY OF CASE; CASE NO. 17-CV-04977-RS-TSH

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Plaintiff Optrics Inc. (“Optrics” or “Plaintiff” or “Counter-claim Defendant”), Optrics’

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related entities OPTRICS, INC., 891014 AB LTD., OPTRICS (A PARTNERSHIP), MATRIX

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CAPITAL CORP., ZINTRICS, INC., STURBY TECHNICAL SERVICES, INC., UMBERLAND

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BAY CONSULTING INC., 1183470 AB LTD., 1183464 AB LTD.,1183459 AB LTD.,

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(“Counterclaim Defendants”) and Defendant and Counterclaim Plaintiff Barracuda Networks, Inc.

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(“Barracuda,” “BNI,” or “Defendant”) (collectively “Parties”), by and through their undersigned

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counsel, hereby state and stipulate as follows (the “Stipulation”):

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WHEREAS, on July 10, 2020, the Parties reached an agreement in principle to resolve this
lawsuit and are currently working on drafting a final settlement agreement;
WHEREAS, as part of the settlement, the Parties agreed and jointly request that the Court

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stay the case, except for BNI’s Motion for Sanctions, ECF No. 234, wherein the Parties request the

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Court issue an order;

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WHEREAS, each party to this stipulation has reviewed and understands it and agrees to be
bound by it through its counsel; and
WHEREAS, the Parties need additional time to formalize in writing their settlement

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agreement as well as allow for compliance of certain terms that may take three months or less to

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complete.

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NOW, THEREFORE, the Parties hereby stipulate and agree as set forth below.

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1.

The case and any pending deadlines, including any outstanding discovery deadlines,

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shall be stayed in light of the pending settlement, except for BNI’s Motion for Sanctions, ECF No.

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234 and any related enforcement actions arising from BNI’s Motion;

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2.

Within 30 days from this Court’s order granting the relief requested herein, the

Parties shall file a notice of settlement or provide the Court with a status update;
3.

The Parties shall file a dismissal with the Court within 90 days after the date of

execution of the settlement agreement or provide the Court with a further status update.
IT IS STIPULATED AND AGREED, by and between the Parties, by and through their
respective undersigned attorneys, as to the above.

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STIPULATION AND ORDER ENTERING STAY OF CASE; CASE NO. 17-CV-04977-RS-TSH

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Respectfully submitted,

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KAO LLP

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Dated: July 20, 2020

By:

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/s/ Andrew Hamill
Chris Kao
Andrew Hamill

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Attorneys for Plaintiff,
OPTRICS INC.

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RIMON, P.C.

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Dated: July 20, 2020
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By:

/s/ Karineh Khachatourian
Karineh Khachatourian
Nikolaus A. Woloszczuk

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Attorneys for Defendant,
BARRACUDA NETWORKS, INC.

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STIPULATION AND ORDER ENTERING STAY OF CASE; CASE NO. 17-CV-04977-RS-TSH

ORDER

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Pursuant to the Parties’ stipulation, and for good cause shown, IT IS SO ORDERED.

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Dated: July 20

, 2020

By:
Hon. Richard Seeborg
United States District Court Judge

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STIPULATION AND ORDER ENTERING STAY OF CASE; CASE NO. 17-CV-04977-RS-TSH