Lenovo (Singapore) PTE, Ltd. v. Shuttle, Inc. et al

Filing 84

JOINT STIPULATION AND ORDER REGARDING STAY PENDING SETTLEMENT DISCUSSIONS (granting 83 ). Signed by Judge Jeremy Fogel on 11/30/2010. (jflc2, COURT STAFF) (Filed on 12/1/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

AKIN GUMP STRAUSS HAUER & FELD LLP REGINALD D. STEER (SBN 056342) AMIT KURLEKAR (SBN 244230) 580 California Street, 15th Floor San Francisco, California 94104-1036 Telephone: [phone] Facsimile: 415-765-9501 Email: [e-mail] Email: [e-mail] FRED I. WILLIAMS (Pro Hac Vice) 300 West Sixth Street, Suite 2100 Austin, Texas 78701 Telephone: [phone] Facsimile: 512-499-6290 Email: [e-mail] ERIC J. KLEIN (Pro Hac Vice) 1700 Pacific Ave., 41st Floor Dallas, Texas 75201 Telephone: [phone] Facsimile: 214-969-4343 Email: [e-mail] Attorneys for Plaintiff LENOVO (SINGAPORE) PTE. LTD. SIDLEY AUSTIN LLP ROBERT B. MORRILL (SBN 035488) PETER H. KANG (SBN 158101) PHILIP W. WOO (SBN 196459) KEVIN P. BURKE (SBN 241972) 555 California Street, Suite 2000 San Francisco, California 94104 Telephone: [phone] Facsimile: 415-772-7400 Email: [e-mail] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendants and Counterclaimants SHUTTLE, INC. and SHUTTLE COMPUTER GROUP, INC.

**E-Filed 12/1/2010**

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING STAY 5:08-CV-3454-JF (PVT) 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LENOVO (SINGAPORE) PTE. LTD., Plaintiff, Case No. 5:08-cv-03454-JF(PVT) JOINT STIPULATION AND [PROPOSED] ------------------- ORDER REGARDING STAY PENDING SETTLEMENT DISCUSSIONS Hon. Judge Jeremy Fogel U.S. District Court Judge

SHUTTLE, INC. and SHUTTLE COMPUTER GROUP, INC., Defendants.

Plaintiff Lenovo (Singapore) Pte. Ltd. ("Plaintiff"), and Defendants Shuttle Inc. and Shuttle Computer Group Inc. (together "Defendants"), respectfully request that the Court enter an Order Staying this Case Pending the outcome of settlement discussions. In support of this Stipulation, the Parties state as follows: On November 22, 2010, representatives for both parties met in Taiwan to discuss a possible settlement of the pending litigation. During those discussions, the parties reached a preliminary agreement to a four week standstill in the lawsuit while settlement discussions continue. The parties have also agreed, and request, that all case deadlines, Court imposed in addition to all discovery, be stayed during this four week period. In the event a settlement cannot be reached, the parties would request that the current case deadlines set forth in the Joint Stipulated Case Management Order entered by the Court on September 9, 2010, be extended by four weeks. Because both parties have agreed to a standstill pending further settlement discussions and to preserve the judicial economy, the parties agree this case should be stayed pending the outcome of those settlement discussions.

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING STAY 5:08-CV-3454-JF (PVT) 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

FOR THE ABOVE REASONS, the parties respectfully request the Court to enter an order staying this case and all deadlines for four weeks. SO STIPULATED:

Respectfully submitted, Dated: November 24, 2010 AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/ Fred I. Williams______________________ Attorneys for Plaintiff LENOVO (SINGAPORE) PTE. LTD. Dated: November 24, 2010 SIDLEY AUSTIN LLP By: /s/ Robert B. Morrill_____________________ Attorneys for Defendants SHUTTLE, SHUTTLE COMPUTER GROUP, INC. INC. and

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING STAY 5:08-CV-3454-JF (PVT) 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 Dated: November ___, 2010.

------------------ ORDER [PROPOSED] PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that: 1. This case is stayed and all case deadlines are stayed for four weeks pending settlement

discussions; and 2. In the event a settlement cannot be reached, the current case deadlines set forth in the

Joint Stipulated Case Management Order entered by the Court on September 9, 2010, will be extended by four weeks.

________________________________________ HONORABLE JEREMY FOGEL UNITED STATES DISTRICT JUDGE

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING STAY 5:08-CV-3454-JF (PVT) 4