Netbula, LLC v. Storage Technology Corporation et al

Filing 191

STIPULATION AND ORDER to Continue Preliminary Pretrial Conference from 2/23/2009 to 3/30/2009 re 189 Stipulation, 190 Stipulation. Stipulated Dismissal or Joint Statement due 3/20/2009. Status Conference set for 3/30/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 2/20/2009. (ecg, COURT STAFF) (Filed on 2/20/2009)

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ANTONIO L. CORTÉS 528 WISTERIA WAY SAN RAFAEL, CA 94903 [phone] FAX: [phone]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) STORAGE TECHNOLOGY ) CORPORATION, et al., ) ) ) Defendants ) _________________________________ ) NETBULA, LLC,

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CASE NO. CV 06-07391-JW CLARIFICATION OF JOINT REQUEST FOR CONTINUANCE OF DATE TO FILE PRELIMINARY PRE-TRIAL STATEMENTS ORDER CONTINUING PRELIMINARY PRETRIAL CONFERENCE

Whereas, the undersigned counsel for all parties herein previously filed, on February 13, 2009, their Joint Request for Continuance of Date to File Preliminary PreTrial Statements; Whereas questions have arisen as to the scope of the settlement mentioned therein; The undersigned counsel clarify to the Court that the settlement of the abovecaptioned matter, for which they are currently preparing documentation and which was the

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Attorney for Plaintiff Netbula, LLC

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ANTONIO L. CORTÉS Attorney at Law Bar No. 142356 528 Wisteria Way San Rafael, California 94903 Tel: [phone] Fax: [phone]

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ANTONIO L. CORTÉS 528 WISTERIA WAY SAN RAFAEL, CA 94903 [phone] FAX: [phone]

basis of their request to continue the date to file preliminary pre-trial statements, is a global settlement to dispose of all claims between all parties to this action. DATED: February 20, 2009 ______________/s/________________ Antonio L. Cortes Counsel for Plaintiff DATED: February 20, 2009 FENWICK & WEST LLP ______________/s/________________ Jedediah Wakefield Attorneys for Defendant and Counter-Claimant Sun Microsystems, Inc. and Defendants EMC Corporation and Darden Restaurants, Inc. DATED: February 20, 2009 QUINN EMANUEL URQUHART OLIVER & HEDGES ______________/s/________________ David Eiseman, Counsel for Defendant International Business Machines Corporation *** ORDER *** Based on the parties' Stipulation and subsequent clarification, the Court finds good cause to grant the parties a brief continuance of the Preliminary Pretrial Conference currently set for February 23, 2009. The Court sets a Status Conference for March 30, 2009 at 10 a.m. On or before March 20, 2009, the parties shall file a Joint Status Statement updating the Court on the status of their efforts to reduce their settlement to a writing. If a Stipulated Dismissal is filed on the same day, the conference will be VACATED. Dated: February 20, 2009 __________________________ JAMES WARE United States District Judge

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__________________________________________________________________________ 2 CLARIFICATION OF JOINT REQUEST FOR CONTINUANCE OF DATE TO FILE PRELIMINARY PRE-TRIAL STATEMENTS