Vendio Services, Inc v. P.S. Products, Inc et al

Filing 38

STIPULATION AND ORDER GRANTING Request to Withdraw Motion; Vacate Hearing re 37 Stipulation. ***4/11/2100 Hearing terminated. Motions terminated: 28 MOTION to Dismiss for Lack of Jurisdiction. Signed by Judge James Ware on 3/21/2011. (ecg, COURT STAFF) (Filed on 3/21/2011)

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F ENWICK & W EST LLP
ATTORNEYS AT LAW SAN FRANCISCO

DARRYL M. WOO (CSB NO. 100513) [e-mail] RYAN J. MARTON (CSB NO. 223979) [e-mail] LESLIE A. KRAMER (CSB NO. 253313) [e-mail] FENWICK &WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile:[phone] Attorneys for Plaintiff Vendio Services, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VENDIO SERVICES, INC., a Delaware corporation, Plaintiff, v. P.S. PRODUCTS, INC., an Arkansas corporation, and BILLY PENNINGTON, an individual, Defendants. WHEREAS, Plaintiff Vendio Services, Inc. ("Vendio") filed its Amended Declaratory Judgment Complaint on January 5, 2011 (the "Amended Complaint"); WHEREAS, on February 2, 2011 Defendants filed a motion to dismiss the Amended Complaint and, in the alternative, to transfer to the Eastern District of Arkansas (the "Motion"); WHEREAS, the Motion is currently scheduled for hearing on April 11, 2011; WHEREAS, the parties have been discussing settlement and expect to have the terms of that settlement finalized within the next two weeks; WHEREAS, in furtherance of that settlement, Defendants have agreed to withdraw the Motion without prejudice to re-filing should the parties not finalize a settlement agreement; WHEREAS, in the event the parties do not reach a settlement, Defendants will file their Case No. 5:10-cv-04455 JW STIPULATION AND [PROPOSED] ORDER WITHDRAWING DEFENDANTS' MOTION TO DISMISS

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STIPULATION AND [PROPOSED] ORDER

CASE NO. 5:10-CV-04455 JW

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responsive pleading no later than April 4, 2011; NOW THEREFORE, the parties jointly stipulate that: 1. The Motion is hereby withdrawn without prejudice to being re-filed; 2. Should the parties not reach a settlement agreement, Defendants will file their responsive pleading to the Amended Complaint no later than April 4, 2011. SO STIPULATED. Dated: March 18, 2011 FENWICK & WEST LLP By: /s/ Ryan J. Marton Ryan J. Marton Attorneys for Plaintiff Vendio Services, Inc.

11 Dated: March 18, 2011 12
F ENWICK & W EST LLP
ATTORNEYS AT LAW SAN FRANCISCO

STEWART LAW FIRM By: /s/ Chris H. Stewart Chris H. Stewart Attorneys for Defendants P.S. Products, Inc. and Billy Pennington

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 5:10-CV-04455 JW

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F ENWICK & W EST LLP
ATTORNEYS AT LAW SAN FRANCISCO

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Ryan J. Marton, attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 18th day of March 2011, at San Francisco, California. FENWICK & WEST LLP By: /s/ Ryan J. Marton Ryan J. Marton Attorneys for Plaintiff Vendio Services, Inc.

13 14 15 16 17 18 PURSUANT TO STIPULATION, IT IS SO ORDERED. 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER

[PROPOSED] ORDER

21 Dated: March ___, 2011

By: Honorable James Ware United States District Chief Judge

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CASE NO. 5:10-CV-04455 JW