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XtremeStructures, Inc. v. One Tree Group

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO)


August 28, 2008

XTREMESTRUCTURES, INC., A DELAWARE CORPORATION, PLAINTIFF,
v.
THE ONE TREE GROUP, INC., A NEVADA CORPORATION, DEFENDANT.
THE ONE TREE GROUP, INC., A NEVADA CORPORATION, CROSS-COMPLAINANT,
v.
XTREMESTRUCTURES, INC., A DELAWARE CORPORATION; TIMOTHY J. SCHMIDT; AND DOES 1 -- 50. CROSS-DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez Judge, United States District Court

JOINT MOTION TO STAY LITIGATION

Plaintiff/Cross-Defendant XtremeStructures, Inc. ("Xtreme"), Cross-Defendant Timothy Schmidt, and Defendant/Cross-Plaintiff The One Tree Group, Inc. ("OTG"), jointly move this Court for an order staying this litigation pending performance of a settlement pursuant to the Settlement Agreement and Mutual Release attached hereto. The Settlement Agreement and Mutual Release provides that Xtreme will make payments to OTG over a period of 12 months. The parties anticipate that the settlement will result in either a dismissal or entry of judgment within 13 months.

DATED this 22 day of August 2008.

ATER WYNNE LLP MCDONALD HOLLAND & ALLEN PC Lori Irish Bauman California State Bar No. 116990 Attorneys for Plaintiff/Cross-Defendant and The One Tree Group, Inc. Cross-Defendant

Stephen M. Lerner California State Bar No. 176688 Defendant/Cross-Complainant XtremeStructures, Inc.

IT IS SO ORDERED -

THE PARTIES ARE TO FILE A JOINT STATUS REPORT WITH THE COURT NO LATER THAN JUNE 1, 2009. (JAM)

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing will be e-filed on August 22, 2008, and will be automatically served upon counsel of record, all of whom appear to be subscribed 4 to receive notice from the ECF system.

20080828

© 1992-2008 VersusLaw Inc.



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