Technology & Intellectual Property Strategies Group, PC v. Insperity, Inc. et al

Filing 47

ORDER Continuing Stay Pending Settlement. Signed by Judge Lucy H. Koh on 12/17/12. (lhklc3, COURT STAFF) (Filed on 12/17/2012)

1
2
3
4
5
6
7
8

NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

UNITED STATES DISTRICT COURT

10
United States District Court

9

11

SAN JOSE DIVISION

12
13
14

TECHNOLOGY & INTELLECTUAL
PROPERTY STRATEGIES GROUP PC, a
California Professional Corporation,
Plaintiff,

15
v.

16
17
18
19
20
21

INSPERITY, INC., a Texas Corporation, and
DOES 1–10,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 12-CV-03163-LHK

ORDER CONTINUING STAY
PENDING SETTLEMENT

On November 29, 2012, the Court granted Insperity PEO’s Motion to Intervene, granted the
Motion for Stay and to Compel Arbitration, and denied Plaintiff’s Motion to Dismiss the

22
Counterclaim filed by Insperity PEO. See ECF No. 45. Given that this case will otherwise be
23
stayed pending arbitration, the Court suggested that the parties stipulate to a dismissal without
24
prejudice and to a tolling agreement by December 10, 2012, or file a statement informing the Court
25
why the stay should not be lifted. On December 10, 2012, the parties filed a joint statement
26
informing the Court that they have reached an agreement in principle to settle the entire action.
27
Accordingly, the parties requested that the Court continue the stay pending completion of formal
28
1
Case No.: 12-CV-03163-LHK
ORDER CONTINUING STAY PENDING SETTLEMENT

1

settlement documents and submission to the Court of a stipulated order of dismissal of the action,

2

with prejudice. ECF No. 46. The parties represented to the Court that they will seek to finalize

3

settlement documents and submit the stipulated order of dismissal to the Court on or before

4

December 20, 2012. Id. Pursuant to the Court’s joint statement, the stay will be continued until

5

December 26, 2012.

6

IT IS SO ORDERED.

7
8

Dated: December 17, 2012

_________________________________
LUCY H. KOH
United States District Judge

9
For the Northern District of California

United States District Court

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 12-CV-03163-LHK
ORDER CONTINUING STAY PENDING SETTLEMENT