Seagate Technology LLC et al v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 124

ORDER Granting 123 Stipulation of Conditional Dismissal. Signed by Judge Claudia Wilken on 3/16/2011. (ndr, COURT STAFF) (Filed on 3/16/2011)

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Seagate Technology LLC et al v. National Union Fire Insurance Company of Pittsburgh, PA et al Doc. 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mary E. McCutcheon (State Bar No. 099939) mmccutcheon@fbm.com Tyler C. Gerking (State Bar No. 222088) tgerking@fbm.com Carly O. Alameda (State Bar No. 244424) calameda@fbm.com Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 Attorneys for Plaintiffs SEAGATE TECHNOLOGY LLC, SEAGATE TECHNOLOGY INTERNATIONAL, SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION SEAGATE TECHNOLOGY LLC, a Delaware corporation, SEAGATE TECHNOLOGY INTERNATIONAL, a Cayman Islands Company; SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD, a Singapore corporation, Plaintiffs, vs. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, a Pennsylvania corporation, Defendants. Case No. 4:09-cv-04120-CW STIPULATION AND ORDER OF CONDITIONAL DISMISSAL Judge: Courtroom: Complaint Filed: Hon. Claudia Wilken 2 September 4, 2009 25 26 27 28 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 (415) 954-4400 WHEREAS, the parties to the above-captioned action have notified the Court that they have entered into a final settlement agreement and release resolving this action in its entirety; WHEREAS, pursuant to the parties' settlement agreement, the terms of the settlement STIP. AND [PROPOSED] ORDER OF CONDITIONAL DISMISSAL -- CASE NO. CV-09-4120-CW 23143\2539638.1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 (415) 954-4400 agreement may not be satisfied until July 11, 2011; WHEREAS, the parties wish to conditionally dismiss this action, allowing the Court to reassert jurisdiction over the action before July 15, 2011 in the event that any term of the settlement agreement is not timely satisfied; THEREFORE, IT IS HEREBY STIPULATED THAT: This action shall be dismissed with prejudice; provided, however, that if any party hereto certifies to the Court, with a proof of service of a copy on opposing counsel, on or before July 14, 2011, that any term of the settlement agreement has not been satisfied, this stipulation and order shall be vacated and this action shall be restored to the calendar for further proceedings. Dated: March 15, 2011 I represent that concurrence in the filing of this document has been obtained from the other signatory, which shall serve in lieu of his signature on this document. FARELLA BRAUN + MARTEL LLP By: /s/ Tyler C. Gerking Tyler C. Gerking Attorneys for Plaintiffs SEAGATE TECHNOLOGY LLC, SEAGATE TECHNOLOGY INTERNATIONAL, SEAGATE SINGAPORE INTERNATIONAL HEADQUARTERS PTE LTD Dated: March 15, 2011 LEWIS BRISBOIS BISGAARD & SMITH, LLP By: /s/ Rebecca R. Weinreich Rebecca R. Weinreich Attorneys for Defendants NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 3/16/2011 JUDGE CLAUDIA WILKEN United States District Judge STIP. AND [PROPOSED] ORDER OF CONDITIONAL DISMISSAL -- CASE NO. CV-09-4120-CW -2- 23143\2539638.1

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