Robert Nikora v. Cray Inc.

Filing 32

ORDER granting 31 Request to Continue Case Management Conference. Signed by Judge Lucy H. Koh on 12/10/2015. (lhklc3S, COURT STAFF) (Filed on 12/10/2015)

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Sebastian L. Miller (CSB No. 265793)
[e-mail]
SEBASTIAN MILLER LAW, P.C.
900 Lafayette Street, Suite 201
Santa Clara, CA 95050
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
ROBERT NIKORA

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DANIEL J. MCCOY (CSB No. 206099)
[e-mail]
SAUNDRA L. M. RILEY (CSB No. 218084)
[e-mail]
KUNYU CHING (CSB No. 292616)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200

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Attorneys For Defendant
CRAY INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ROBERT NIKORA,

Case No.: 15-cv-02533-LHK

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Plaintiff,
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v.

JOINT NOTICE OF SETTLEMENT
AND REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER

CRAY INC.,
Defendant.

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JOINT NOTICE OF SETTLEMENT
AND REQUEST TO CONTINUE CMC
AND [PROPOSED] ORDER

Case No. 5:15-cv-02533-LHK

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Plaintiff Robert Nikora (“Nikora”) and Defendant Cray Inc. (“Cray”) hereby notify the

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Court that they have reached an agreement in principle that will result in dismissal of this action

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with prejudice. The Parties reached their agreement in principle on December 8, 2015. The

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Parties are currently in the process of memorializing the terms of their agreement in a binding

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settlement agreement. In the interests of judicial efficiency and avoiding unnecessary litigation-

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related expenses, the Parties respectfully request that the Court continue the case management

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conference currently scheduled for December 16, 2015 for sixty days.

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Dated: December 9, 2015

SEBASTIAN MILLER LAW. P.C.

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By:

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/s/ Sebastian L. Miller
Sebastian L. Miller
Attorneys for Plaintiff
ROBERT NIKORA

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Dated: December 9, 2015

FENWICK & WEST LLP

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By: /s/ Kunyu Ching
Kunyu Ching

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Attorneys for Defendant
CRAY INC.

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JOINT NOTICE OF SETTLEMENT
AND REQUEST TO CONTINUE CMC
AND [PROPOSED] ORDER

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Case No. 5:15-cv-02533-LHK

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ATTORNEY ATTESTATION

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I, Kunyu Ching, attest that concurrence in the filing of this document has been obtained

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from any signatories indicated by a “conformed” signature (/s/) within this e-filed document. I

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declare under penalty of perjury under the laws of the United States of America that the foregoing

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is true and correct.

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Dated: December 9, 2015

FENWICK & WEST LLP

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By: /s/ Kunyu Ching
Kunyu Ching
Attorneys for CRAY INC.

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[PROPOSED] ORDER

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Pending finalization of the parties’ settlement agreement and subsequent dismissal of this

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action with prejudice, the Court hereby continues the case management conference currently

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scheduled for December 16, 2015 to February 17, 2016 at 2:00 p.m. There is no stay of discovery.

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IT IS SO ORDERED.

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Dated:

December 10

, 2015
The Honorable Lucy H. Koh
United States District Judge

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JOINT NOTICE OF SETTLEMENT
AND REQUEST TO CONTINUE CMC
AND [PROPOSED] ORDER

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Case No. 5:15-cv-02533-LHK