San Francisco Technology Inc. v. Reckitt Benckiser Inc.

Filing 51

STIPULATION AND ORDER TO CONTINUE MOTION HEARING TO ALLOW TIME FOR SETTLEMENT re 49 . Signed by Judge Jeremy Fogel on 7/7/11. (dlm, COURT STAFF) (Filed on 7/21/2011)

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1 2 3 4 5 6 7 8 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: (408) 279-7000 Fax: (408) 998-1473 Email: kspelman@mount.com; dfingerman@mount.com; blemke@mount.com Counsel for San Francisco Technology Inc. United States District Court Northern District of California, San Jose Division 9 10 MOUNT, SPELMAN & FINGERMAN, P.C. RIVERPARK TOWER, SUITE 1650 333 WEST SAN CARLOS STREET SAN JOSE, CALIFORNIA 95110-2740 TELEPHONE (408) 279-7000 11 San Francisco Technology Inc. Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Reckitt Benckiser Inc. Defendant Case No. 5:10-cv-04989-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 1 The parties stipulate and request that the court enter an order as follows: 2 1. The parties have reached a settlement which would result in the dismissal of this case 3 and avoid the need for motion practice. The parties request a continuance of the motion hearing to 4 allow time for a formal settlement agreement to be executed. 5 2. Defendant Reckitt Benckiser Inc. filed a motion to dismiss (Docket No. 25) on May 5, 6 2011 which remains pending. The court is currently scheduled to hear that motion on Friday, July 8, 7 2011 at 9:00 a.m. 8 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 10 that the court continue the motion hearing to its next available hearing date, but in no event before 11 MOUNT, SPELMAN & FINGERMAN, P.C. RIVERPARK TOWER, SUITE 1650 333 WEST SAN CARLOS STREET SAN JOSE, CALIFORNIA 95110-2740 TELEPHONE (408) 279-7000 9 July 22, 2011. 12 In accordance with General Order 45.X.B., Benjamin R. Lemke, counsel for SF Tech, attests 13 that each other signatory listed below has concurred in this filing. 14 Date: July 7, 2011 Mount, Spelman & Fingerman, P.C., /s/ Benjamin R. Lemke Counsel for San Francisco Technology Inc. Date: July 7, 2011 Jones Day /s/ Brian G. Selden Counsel for Reckitt Benckiser Inc. 15 16 17 18 19 20 Pursuant to stipulation, it is so ordered. 7/7/11 Date:___________________________ _________________________________________ Jeremy Fogel, U.S. District Judge 21 22 23 24 25 26 27 28 Case No. 5:10-cv-04989-JF-PSG Stipulation and [Proposed] Order to Continue Motion Hearing to Allow Time For Settlement Page 1 1 2 Certificate of Service The undersigned certifies that the foregoing document was filed using the court's electronic 3 filing system (ECF). The ECF system serves a "Notice of Electronic Filing" to all parties and 4 counsel who have appeared in this action, who have consented under to accept that Notice as service 5 of this document. 6 Date: July 7, 2011 7 Mount, Spelman & Fingerman, P.C., /s/ Benjamin R. Lemke Counsel for San Francisco Technology Inc. 8 9 10 MOUNT, SPELMAN & FINGERMAN, P.C. RIVERPARK TOWER, SUITE 1650 333 WEST SAN CARLOS STREET SAN JOSE, CALIFORNIA 95110-2740 TELEPHONE (408) 279-7000 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 5:10-cv-04989-JF-PSG Certificate of Service Page 1

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