Mysfyt, Inc. v. James Lum

Filing 45

STIPULATION AND ORDER re 44 STIPULATION WITH PROPOSED ORDER to Stay Proceedings Pending Settlement filed by MYSFYT, Inc., James Lum. Signed by Magistrate Judge Kandis A. Westmore on 7/26/17. (sisS, COURT STAFF) (Filed on 7/26/2017)

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DOMINIC V. SIGNOROTTI, CA Bar No. 267712
[e-mail]
BUCHMAN PROVINE BROTHERS SMITH LLP
2033 N. Main Street, Suite 720
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: 925 944 9701
Attorneys for Plaintiff

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OTTO O. LEE, CA Bar No. 173987
[e-mail]
KEVIN VIAU, CA Bar No. 275556
[e-mail]
INTELLECTUAL PROPERTY LAW GROUP LLP
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MYSFYT, INC., a California corporation,
Plaintiff/Counterdefendant,

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v.

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Case No.: 16-CV-03813-KAW
STIPULATION TO STAY PROCEEDINGS
PENDING SETTLEMENT;
[PROPOSED] ORDER

JAMES LUM, an individual,

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Defendant/Counterclaimant.

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WHEREAS, Plaintiff/Counterdefendant Mysfyt, Inc. (“Plaintiff” and “Mysfyt”) and

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Defendant/Counterclaimant James Lum (“Defendant” and “Lum”) (collectively the “Parties”) have

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reached an agreement in principle for a settlement of this action;

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WHEREAS, the Parties are continuing the process of finalizing a written settlement
agreement;
WHEREAS, the Parties previously stipulated to stay proceedings for settlement (Dkt. Nos.
38, 40, and 42), and the Court ordered such stays (Dkt. Nos. 39, 41, and 43).

Stipulation to Stay Proceedings Pending Settlement

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16-CV-03813-KAW

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WHEREAS, the Parties require additional time to finalize a full settlement, and anticipate
the process to finalize settlement will be completed within thirty (30) days;
WHEREAS, a Further Case Management Conference is scheduled to take place on August
1, 2017 at 1:30pm, with a Further Case Management Statement due July 25, 2017.
WHEREAS, the Parties believe full settlement is very imminent, and wish not to burden the
Court with unnecessary proceedings while the settlement process is completed.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the

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Parties, through their undersigned counsel, that the action be stayed for an additional period of thirty

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(30) days pending the finalization of the settlement agreement, and that the Further Case

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Management Conference scheduled on the Court’s August 1, 2017 calendar be moved to September

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5, 2017, with the Further Case Management Statement to be filed by July August 29, 2017.

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IT IS SO STIPULATED AND AGREED.

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Respectfully submitted,

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Dated: July 25, 2017

INTELLECTUAL PROPERTY LAW GROUP LLP
By: /s/ Otto O. Lee
Otto O. Lee
Kevin Viau
12 South First Street, 12th Floor
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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Dated: July 25, 2017

BUCHMAN PROVINE BROTHERS SMITH LLP
By: /s/ Dominic V. Signorotti
Dominic V. Signorotti
2033 N. Main Street, Suite 720
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: 925 944 9701
Attorneys for Plaintiff

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*

* Pursuant to Local Rule 5-1(i)(3), filing counsel attests that all other signatories listed, on whose
behalf the filing is submitted, concur in the filing’s content and have authorized the filing.

Stipulation to Stay Proceedings Pending Settlement

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16-CV-03813-KAW

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

7/26/17

UNITED STATES MAGISTRATE JUDGE

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Stipulation to Stay Proceedings Pending Settlement

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16-CV-03813-KAW