San Francisco Technology Inc. v. Sun Products Corporation

Filing 36

STIPULATION AND ORDER TO CONTINUE MOTION HEARING TO ALLOW TIME FOR SETTLEMENT re 34 . Signed by Judge Jeremy Fogel on 7/7/11. (dlm, COURT STAFF) (Filed on 7/19/2011)

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Kathryn G. Spelman, Esq. (Cal. Bar No. 154512)
Daniel H. Fingerman, Esq. (Cal. Bar No. 229683)
Benjamin R. Lemke, Esq. (Cal. Bar No. 271706)
Mount, Spelman & Fingerman, P.C.
Riverpark Tower, Suite 1650
333 West San Carlos Street
San Jose CA 95110-2740
Phone: [phone]
Fax: [phone]
Email: [e-mail]; [e-mail];
[e-mail]
Counsel for San Francisco Technology Inc.
United States District Court
Northern District of California, San Jose Division

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MOUNT, SPELMAN & FINGERMAN, P.C.
RIVERPARK TOWER, SUITE 1650
333 WEST SAN CARLOS STREET
SAN JOSE, CALIFORNIA 95110-2740
TELEPHONE [phone]

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San Francisco Technology Inc.
Plaintiff

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vs.
Sun Products Corporation
Defendant

Case No. 5:10-cv-03251-JF-PSG
Stipulation and -------------- Order to Continue Motion
[Proposed]
Hearing to Allow Time For Settlement
Date:
Time:
Room:
Judge:

July 8, 2011
9:00 a.m.
Courtroom 3, 5th Floor
Jeremy Fogel

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The parties stipulate and request that the court enter an order as follows:

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1.

The parties have reached a settlement in principle which would result in the dismissal

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of this case and avoid the need for motion practice. The parties request a continuance of the motion

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hearing to allow time for a formal settlement agreement to be executed.

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2.

Defendant Sun Products Corporation filed a motion to dismiss (Docket No. 30) on

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May 5, 2011 which remains pending. The court is currently scheduled to hear that motion on Friday,

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July 8, 2011 at 9:00 a.m.

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3.

The parties request that the court continue the motion hearing to allow time for the

parties to execute a formal written settlement agreement and dismiss this case. The parties request

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that the court continue the motion hearing to its next available hearing date, but in no event before

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MOUNT, SPELMAN & FINGERMAN, P.C.
RIVERPARK TOWER, SUITE 1650
333 WEST SAN CARLOS STREET
SAN JOSE, CALIFORNIA 95110-2740
TELEPHONE [phone]

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July 22, 2011.

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In accordance with General Order 45.X.B., Benjamin R. Lemke, counsel for SF Tech, attests

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that each other signatory listed below has concurred in this filing.

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Date: July 7, 2011

Mount, Spelman & Fingerman, P.C.,
/s/ Benjamin R. Lemke
Counsel for San Francisco Technology Inc.

Date: July 7, 2011

Quinn Emanuel Urquhart & Sullivan, LLP
/s/ Anne S. Toker
Counsel for Sun Products Corporation

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Pursuant to stipulation, it is so ordered.
7/7/11
Date:___________________________

_________________________________________
Jeremy Fogel, U.S. District Judge

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Case No. 5:10-cv-03251-JF-PSG
Stipulation and [Proposed] Order to Continue Motion Hearing to Allow Time For Settlement

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Certificate of Service
The undersigned certifies that the foregoing document was filed using the court's electronic

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filing system (ECF). The ECF system serves a "Notice of Electronic Filing" to all parties and

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counsel who have appeared in this action, who have consented under to accept that Notice as service

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of this document.

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Date: July 7, 2011

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Mount, Spelman & Fingerman, P.C.,
/s/ Benjamin R. Lemke
Counsel for San Francisco Technology Inc.

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MOUNT, SPELMAN & FINGERMAN, P.C.
RIVERPARK TOWER, SUITE 1650
333 WEST SAN CARLOS STREET
SAN JOSE, CALIFORNIA 95110-2740
TELEPHONE [phone]

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Case No. 5:10-cv-03251-JF-PSG
Certificate of Service

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