SPECS USA Corp. v. SPECS Surface Nano Analysis GmbH et al

Filing 155

ORDER by Judge Yvonne Gonzalez Rogers Denying as moot 109 Motion for Summary Judgment; Denying as moot 112 Motion for Summary Judgment in light of Settlement Hearing; Setting Compliance Hearing. (fs, COURT STAFF) (Filed on 1/24/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 IN RE SPECS 8 Case No.: 10-CV-4250 YGR Consolidated with 11-CV-393 YGR ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT AS MOOT IN LIGHT OF SETTLEMENT; SETTING COMPLIANCE HEARING 9 10 11 Northern District of California United States District Court 12 13 The Motion of Defendants Rickmer Kose and SPECS USA Corp. for Summary Judgment or, in the alternative, for Partial Summary Judgment (Dkt No. 109); and the Motion of 14 Plaintiffs/Counterdefendants SPECS Surface Nano Analysis GmbH and Specs Surface Nano 15 Analysis, Inc. to Dismiss for Improper Venue or, in the alternative, for Summary Adjudication (Dkt. 16 No 112) are DENIED as moot in light of the parties’ settlement. (See Dkt. No. 153.) 17 All pending motion, case management and trial dates are VACATED. A compliance hearing 18 shall be held on Friday, February 15, 2013, on the Court’s 9:01a.m. Calendar, in the Federal 19 Courthouse, 1301 Clay Street, Oakland, California in Courtroom 5. 20 Five (5) business days prior to the date of the compliance hearing, the parties shall file either 21 (a) a Stipulation of Dismissal; or (b) a one-page JOINT STATEMENT setting forth an explanation 22 regarding the failure to comply. If compliance is complete, the parties need not appear and the 23 24 25 26 27 28 compliance hearing will be taken off calendar. Telephonic appearances may be allowed if the parties have submitted a joint statement in a timely fashion. IT IS SO ORDERED. Dated: January 24, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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