UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
April 3, 2009
ARTIFEX SOFTWARE INC., PLAINTIFF,
DIEBOLD INC., AN OHIO CORPORATION, DIEBOLD, INC.; A DELAWARE CORPORATION, INC.; DEFENDANTS.
The opinion of the court was delivered by: The Honorable Samuel Conti United States District Court
JOINT REQUEST TO CONTINUE THE HEARING DATE FOR DEFENDANT DIEBOLD INC.'S FRCP 12(B)(6) MOTION TO DISMISS PLAINTIFF'S CLAIM AGAINST PREMIER ELECTION SOLUTIONS, INC., PROPOSED ORDER
WHEREAS, on January 30, 2009, Defendant Diebold Inc. filed a motion to dismiss Plaintiff Artifex Software Inc.'s ("Plaintiff") claim for copyright infringement against Diebold
WHEREAS, the hearing for this motion is currently scheduled for April 3, 2009;
WHEREAS, Plaintiff and Defendants Diebold Inc. and Premier Election Solutions, Inc. (together "Defendants") have agreed in principle to settle this Action and are finalizing the language of a settlement agreement that fully and finally resolves all claims, disputes, and differences in this Action; within 30 days;
WHEREAS, on March 30, 2009, the Court postponed the Case Management Conference
WHEREAS, the parties estimate that they will be able to file a stipulation of dismissal in this Action from April 3, 2009 to May 29, 2009; and
WHEREAS, the parties agree that to conserve judicial resources, the hearing for Defendant Diebold Inc.'s FRCP 12(b)(6) motion to dismiss Plaintiff's claim for copyright infringement against Diebold Inc. should not go forward on April 3, 2009.
THE PARTIES HEREBY JOINTLY REQUEST that the hearing for Defendant Diebold's FRCP 12(b)(6) Motion to Dismiss Plaintiff's Claim Against Diebold, Inc. be continued from April 3, 2009 at 10:00 a.m. to May 29, 2009 at 10:00 a.m., in the above-entitled Court, located at Courtroom 1, 17th Floor, 450 Golden Gate Avenue, San Francisco, California, 94102.
Dated: April 1, 2009
Gregory L. Lippetz Attorneys for Defendant
DIEBOLD INC. and PREMIER ELECTION SOLUTIONS, INC.
In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.
Dated: April 1, 2009
O'MELVENY & MYERS LLP
Luann L. Simmons Attorneys for Plaintiff
ARTIFEX SOFTWARE INC.
Pursuant to the parties' joint request, the hearing for Defendant Diebold's FRCP 12(b)(6) Motion to Dismiss Plaintiff's Claim Against Diebold, Inc. is hereby postponed until May 29, 2009 at 10:00 am.
IT IS SO ORDERED
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