Ecompare Corporation v. Priceline.Com Incorporated

Filing 58

ORDER TO SHOW CAUSE re Settlement 26 Notice of Settlement. Show Cause Response or Stipulated Dismissal due by 11/7/2008. Order to Show Cause Hearing set for 11/17/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 9/24/2008. (ecg, COURT STAFF) (Filed on 9/25/2008)

Attorneys for Defendant PRICELINE.COM, INC.

N

F D IS T IC T O R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA- SAN JOSE

ECOMPARE CORPORATION, Plaintiff,
V.

CASE NO. C07-00236 JW (HRL) The Honorable James Ware NOTICE OF SETTLEMENT AND JOINT REQUEST TO REMOVE PRE-TRIAL CONFERENCE HEARING FROM CALENDAR

PRICELINE.COM INCORPORATED and DOES 1 through 10, inclusive,
Defendants.

OctiDER TO SHOW CAUSE RE: A R on Filed: January 12, 2007 SETTLEMENT tober 30, 2008 Disc. Cut Off: Oc
PreTrial Conf: Sept. 29, 2008 Trial Date None

The parties hereby jointly notify the Court that they have agreed to the material terms of settlement and resolution of this action in its entirety, and are currently reducing the settlement
agreement to writing. Within thirty (30) days of this notice, the parties intend to file the request for

dismissal of this entire action. Accordingly, the parties jointly request the Court remove fi-om the
calendar the Preliminary Pre-Trial Conference hearing, set for September 29, 2008. DATED: September 22, 2008 SEDGWICK, DETERT, MORAN & ARNOLD LLP

By:

/s/ James L. Nelson JACQUELINE M. JAUREGUI JAMES L. NELSON Attorneys for Defendant, Pricelhnc.com, Inc

C07-00236 JW(HRL)
LA1837290v1

NOTICE OF SETTLEMENT AND JOINT REQUEST TO JOINT REQUEST TO REMOVE PRE-TRIAL CONFERENCE HEARING FROM CALENDAR

A

SEDGWICK, DETERT, MORAN & ARNOLD LLP JACQUELINE M. JAUREGUI (SBN 095289) jacqueline. jauregui@sdma. com JAMES L. NELSON (SBN 181256) james . nelso In@sdma. com 801 South Figueroa Street, 19th Floor Los Angeles, California 90017-5556 Telephone: [phone] Facsimile : [phone]

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DATED:

September 22, 2008

NEEDI-IAM, DAVIS, KEPNER,& YOUNG LLP

By:

BRAD70NES KSRSTEN FISH Attorneys for Plaintiff, eCompare Corporation

*** ORDER *** In light of the parties' Notice of Settlement, the Court vacates all trial and pretrial dates. On or before November 7, 2008, the parties shall file a stipulated dismissal pursuant to Federal Rule of Civil Procedure 41(a). If a dismissal is not filed by the specified date, all parties shall appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca. on November 17, 2008 at 9:00 a.m. and to show cause, if any, why the case should not be dismissed pursuant to Fed. R. Civ. P. 41(b). On or before November 7, 2008, the parties shall file a joint statement in response to the Order to Show Cause. The joint statement shall set forth the status of the activities of the parties for finalizing the settlement and how much additional time is requested to finalize and file the dismissal. If a voluntary dismissal is filed as ordered, the Order to Show Cause hearing will be automatically vacated. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action. Dated: September 24, 2008 _______________________________ JAMES WARE United States District Judge

LA/837290v1

C07-00236 JW(I-1RL) NOTICE OF SETTLEMENT AND JOINT REQUEST TO JOINT REQUEST TO REMOVE PRE-TRIAL CONFERENCE HEARING FROM CALENDAR