Super Micro Computer, Inc. v. PCPC Direct, Ltd.

Filing 21

STIPULATION AND ORDER RE: DISMISSAL AND RETENTION OF JURISDICTION. Signed by Judge Nathanael M. Cousins on 4/28/2021. (lmh, COURT STAFF) (Filed on 4/28/2021)

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Apr 28 2021 1 2 3 4 5 6 7 8 9 10 11 12 THOMAS A. BURG (Bar No. 211937) Bialson, Bergen & Schwab 830 Menlo Avenue, Suite 201 Menlo Park, California 94025 Telephone: (650) 857-9500 Facsimile: (650) 494-2738 Attorneys for Plaintiff SUPER MICRO COMPUTER, INC. AUSTIN G. BOSARGE (Bar No. 188364) Turning Point Law 911 Lakeville St. Petaluma, CA 94952 Telephone: (415) 492-2041 Facsimile: (888) 977-5380 Attorneys for Defendant PCPC DIRECT, LTD. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 18 19 20 21 SUPER MICRO COMPUTER, INC., a Delaware ) corporation; ) ) Plaintiff, ) ) vs. ) ) PCPC DIRECT, LTD.; a Texas Limited ) Partnership; ) ) Defendant. CASE NO. 5:20-cv-6648-NC STIPULATION AND ORDER RE: DISMISSAL AND RETENTION OF JURISDICTION 22 23 Plaintiff Super Micro Computer, Inc. (“Super Micro”) and Defendant PCPC Direct, Ltd. 24 (hereinafter “Defendant”) hereby stipulate, agree and respectfully request that the Court issue an 25 order dismissing this action and retaining jurisdiction over the parties’ settlement agreement. The 26 parties submit the following facts in support of this request: 27 1. The parties have reached a settlement in this action. 28 2. The terms of the settlement involve performance over time. -1- STIP & ORDER TO DISMISS AND RETAIN JURISDICTION CASE NO. 5:20-CV-6648-NC 1 3. The settlement includes a stipulation for entry of judgment that permits Super 2 Micro to seek entry of a stipulated judgment if there is a default of certain terms under the 3 settlement agreement. 4 4. The parties have agreed to jointly request that the Court dismiss the case pursuant 5 to Federal Rule of Civil Procedure 41(a) and retain jurisdiction over the terms of the settlement 6 agreement and enforcement of the stipulation for entry of judgment until all conditions of the 7 settlement agreement have been performed. 8 9 10 IT IS SO STIPULATED. Dated: April 28, 2021 BIALSON, BERGEN & SCHWAB TURNING POINT LAW By: /s/ Thomas A. Burg Thomas A. Burg1 Attorneys for Plaintiff SUPER MICRO COMPUTER, INC. By: /s/Austin G. Bosarge Austin G. Bosarge Attorney for Defendant PCPC DIRECT, LTD. 11 15 PURSUANT TO STIPULATION IT IS SO HEREBY ORDERED AS FOLLOWS: 16 19 20 21 case. Any party may move to reopen the case, provided that such motion is filed by October 2, 2023. All scheduled dates are VACATED. The Court retains jurisdiction over this case until October 15, 2023. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994). Dated: April 28, 2021 RT U O ISTRIC ES D TC AT By: _________________________________ T HON. NATHANAEL COUSINS UNITED STATES MAGISTRATE JUDGE D UNIT ED 22 23 NO 24 TE GRAN RT 25 thanael Judge Na ER H 26 27 M. Cousi R NIA 18 DISMISSED with prejudice. The Clerk of the Court is directed to administratively close this ns FO 17 IT IS HEREBY ORDERED THAT this action and all claims asserted herein are LI 14 A 13 S 12 N F D IS T IC T O R C 1 28 Pursuant to Local Rule 5-1(i)(3), I, Thomas A. Burg, the filer of this document, attest that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing. -2- STIP & ORDER TO DISMISS AND RETAIN JURISDICTION CASE NO. 5:20-CV-6648-NC

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