Fuzzysharp Technologies Incorporated v. Ziilabs Inc., Ltd.

Filing 122

STIPULATION AND ORDER re 121 SECOND STIPULATION WITH PROPOSED ORDER to extend deadline to re-open case pending final settlement agreement filed by nVidia Corporation, Fuzzysharp Technologies Incorporated, Ziilabs Inc., Ltd.. Signed by Judge ARMSTRONG on 7/12/12. (lrc, COURT STAFF) (Filed on 7/12/2012)

1 Jonathan D. Baker (CA No. 196062)
FARNEY DANIELS LLP
2 800 South Austin Ave., Suite 200
Georgetown, TX 78626
3 Telephone: [phone]
Facsimile: 512-582-2829
4 [e-mail]
5 Michael D. Saunders (CA No. 259692)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
6 525 University Avenue, Suite 1100
Palo Alto, CA 94301
7 Telephone: [phone]
Facsimile: [phone]
8 [e-mail]
9 Attorneys for Defendant
ZIILABS INC., LTD.
10 f/k/a 3D LABS INC. LTD.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

14 FUZZYSHARP TECHNOLOGIES
INCORPORATED,
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Plaintiff,
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v.
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3D LABS INC. LTD.,
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Defendant.
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Case No. 4:07-cv-05948-SBA
SECOND STIPULATION AND ORDER
TO EXTEND DEADLINE TO RE-OPEN
CASE PENDING FINAL SETTLEMENT
AGREEMENT

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SECOND STIPULATION AND [PROPOSED] ORDER
CASE NO.: 4:07-cv-05948-SBA
TO EXTEND DEADLINE TO RE-OPEN CASE PENDING FINAL SETTLEMENT AGREEMENT

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WHEREAS, on May 8, 2012, the parties filed a Stipulated Conditional Dismissal and

2 Proposed Order, reflecting that “that an agreement in principle has been reached, and will be put
3 into written form within thirty (30) days” (Dkt. No. 118);
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WHEREAS, on May 10, 2012, pursuant to a stipulation of the parties, this Court entered an

5 order conditionally dismissing this action (Dkt. No. 119);
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WHEREAS said order further provided that, within 30 days of the date of that order, “either

7 FST or ZiiLabs may request the Court to reopen the case as to FST and ZiiLabs” and that “[a]fter
8 the expiration of the aforementioned thirty (30) day period, if neither FST or ZiiLabs has submitted
9 a request to reopen to the Court, then this case shall be dismissed with Prejudice”;
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WHEREAS on June 11, 2012, the parties filed a first stipulation to extend the deadline to

11 reopen the case by thirty (30) days;
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WHEREAS counsel for the respective parties have diligently worked towards putting

13 together a final written settlement agreement, but have been unable to finalize such final written
14 settlement agreement as of this time;
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WHEREAS counsel for the parties believe that they will be able to finalize such final

16 written settlement agreement with an additional thirty (30) days;
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Plaintiff FUZZYSHARP TECHNOLOGIES INCORPORATED, and Defendant ZIILABS

18 INC., LTD. f/k/a 3D LABS INC. LTD, by their respective counsel of record, hereby stipulate to
19 and request that the Court extend the period to reopen the case by an additional thirty (30) days.
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SECOND STIPULATION AND [PROPOSED] ORDER
CASE NO.: 4:07-cv-05948-SBA
TO EXTEND DEADLINE TO RE-OPEN CASE PENDING FINAL SETTLEMENT AGREEMENT

1 Respectfully submitted,
2 Dated: July 11, 2012
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FINK & JOHNSON

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By:

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/s/
David Fink
David Fink
Fink & Johnson
7519 Apache Plume
Houston, TX 77071
713-729-4991
Attorneys for Plaintiff
FUZZYSHARP TECHNOLOGIES
INCORPORATED

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SKADDEN, ARPS, SLATE, MEAGHER
& FLOM, LLP
By:

/s/
Michael D. Saunders
MICHAEL D. SAUNDERS
Attorneys for Defendant
ZIILABS INC., LTD.
f/k/a 3D LABS INC. LTD.

17 FILER’S ATTESTATION: PURSUANT TO GENERAL ORDER NO. 45
18 Pursuant to General Order no. 45, Section X(B), Michael D. Saunders hereby attests that
concurrence in the filing of this document has been obtained.
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/s/
Michael D. Saunders
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22 PURSUANT TO THE FOREGOING STIPULATION
IT IS SO ORDERED:
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Dated: _7/12/12
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HON. SAUNDRA BROWN ARMSTRONG
27 UNITED STATED DISTRICT JUDGE
NORTHERN DISTRICT OF CALIFORNIA
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SECOND STIPULATION AND [PROPOSED] ORDER
CASE NO.: 4:07-cv-05948-SBA
TO EXTEND DEADLINE TO RE-OPEN CASE PENDING FINAL SETTLEMENT AGREEMENT