San Francisco Technology Inc. v. The Brita Products Company

Filing 26

STIPULATION AND ORDER TO CONTINUE MOTION HEARING AND BRIEFING TO ALLOW TIME FOR SETTLEMENT re 25 Stipulation filed by San Francisco Technology Inc. Signed by Judge Phyllis J. Hamilton on 6/2/11. (nah, COURT STAFF) (Filed on 6/2/2011)

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Kathryn G. Spelman, Esq. (Cal. Bar No. 154512)
Daniel H. Fingerman, Esq. (Cal. Bar No. 229683)
Benjamin R. Lemke (Cal. Bar No. 271706)
Mount, Spelman & Fingerman, P.C.
Riverpark Tower, Suite 1650
333 West San Carlos Street
San Jose CA 95110-2740
Phone: [phone]
Fax: [phone]
Email: [e-mail]; [e-mail];
[e-mail]
Counsel for San Francisco Technology Inc.
United States District Court
Northern District of California, Oakland Division

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MOUNT, SPELMAN & FINGERMAN, P.C.
RIVERPARK TOWER, SUITE 1650
333 WEST SAN CARLOS STREET
SAN JOSE, CALIFORNIA 95110-2740
TELEPHONE [phone]

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San Francisco Technology Inc.
Plaintiff

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The Brita Products Company

Stipulation and [Proposed] Order to Continue Motion Hearing
and Briefing to Allow Time For Settlement

vs.

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Case No. 4:10-cv-1648-PJH-HRL

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Defendant

Date:
Time:
Room:
Judge:

July 6, 2011
9:00 a.m.
Courtroom 3, 17th Floor
Phyllis J. Hamilton

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The parties stipulation and request that the court enter an order as follows:

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1.

The parties have reached a settlement which would result in the dismissal of this case

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and avoid the need for motion practice. The parties request a continuance of dates relating to pending

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motions to allow time for a formal settlement agreement to be executed.

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2.

Defendant Brita filed a motion to dismiss (Docket No. 22) on April 14, 2011 which

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remains pending. In an order entered upon an earlier stipulation (Docket No. 21), the court set the

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following schedule for that motion:

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a.

Opposition: Wednesday, June 1, 2011

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b.

Reply: Wednesday, June 8, 2011

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c.

Hearing: Wednesday, July 6, 2011 at 9:00 a.m.

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The parties request that the court continue the opposition and reply date of the above

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dates to allow time for the parties to execute a formal written settlement agreement and dismiss this

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case. The parties request that the following dates be applied:

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a.

Opposition: Wednesday, June 15, 2011

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b.

Reply: Wednesday, June 22, 2011

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c.

Hearing (unchanged): Wednesday, July 6 2011 at 9:00 a.m.

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The above-proposed schedule still provides the Court with full briefing two full weeks prior
to the hearing (pursuant to the Local Rules).
In accordance with General Order 45.X.B., Daniel H. Fingerman, counsel for SF Tech, attests
that each other signatory listed below has concurred in this filing.

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Date: June 1, 2011
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/s/ Daniel H. Fingerman
Counsel for San Francisco Technology Inc.

R NIA

ERED

O ORD

IT IS S

_________________________________________
amilton

yllis J. H

RT

Judge Ph

H

Phyllis J. Hamilton, U.S. DistrictERJudge
N

FO

NO

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6/2/11
Date:___________________________

S DISTRICT
TE
C
TA

RT
U
O

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Pursuant to stipulation, it is so ordered.

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/s/ Andrew P. Valentine
The Brita Products Company

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DLA Piper LLP (US)

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Date: June 1, 2011

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Mount, Spelman & Fingerman, P.C.,

UNIT
ED

MOUNT, SPELMAN & FINGERMAN, P.C.
RIVERPARK TOWER, SUITE 1650
333 WEST SAN CARLOS STREET
SAN JOSE, CALIFORNIA 95110-2740
TELEPHONE [phone]

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F
D IS T IC T O
R

Case No. 4:10-cv-1648-PJH-HRL
Stipulation and [Proposed] Order to Continue Motion Hearing and Briefing to Allow Time For Settlement

C

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Certificate of Service
The undersigned certifies that the foregoing document was filed using the court's electronic

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filing system (ECF). The ECF system serves a "Notice of Electronic Filing" to all parties and

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counsel who have appeared in this action, who have consented under to accept that Notice as service

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of this document.

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Date: June 1, 2011
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/s/ Daniel H. Fingerman
Counsel for San Francisco Technology Inc.

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Mount, Spelman & Fingerman, P.C.,

Z:\CLIENTS\F CLIENTS\False001\Attorney_Notes\Drafts\Brita\Stipulation to Continue Hearing & Briefing.doc

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MOUNT, SPELMAN & FINGERMAN, P.C.
RIVERPARK TOWER, SUITE 1650
333 WEST SAN CARLOS STREET
SAN JOSE, CALIFORNIA 95110-2740
TELEPHONE [phone]

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Case No. 4:10-cv-1648-PJH-HRL
Certificate of Service

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