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Osanitsch v. Marconi PLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA -- SAN FRANCISCO DIVISION


April 29, 2010

JOHN OSANITSCH, PLAINTIFF,
v.
MARCONI PLC, MARCONI ACQUISITION SUB, INC., MARCONI COMMUNICATIONS, [OLD] TELEPHON AB L.M. ERICCSON, TELENT [NEW] LTD., DEFENDANTS.

The opinion of the court was delivered by: Judge Charles R. Breyer

STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION FOR ATTORNEYS' FEES; [PROPOSED ORDER]

HEARING DATE: April 30, 2010

HEARING DATE: May 28, 2010

On January 5, 2010, Defendants Marconi plc, Marconi Communications, and Telent plc (collectively "Defendants") filed a motion to recover their attorneys' fees pursuant to the Employee Separation Agreement and General Release executed between Plaintiff John Osanitsch ("Osanitsch") and Defendants. On January 15, 2010, Osanitsch and Defendants, collectively, filed a stipulation to continue the hearing date on Defendants' Motion for Attorneys' Fees from February 12, 2010 to March 12, 2010. On January 22, 2010, this Court granted the Stipulation between Osanitsch and Defendants. On March 11, 2010, Osanitsch and Defendants filed a second stipulation to further continue the hearing on Defendants' Motion for Attorneys' Fees in order to discuss and finalize settlement of this matter. On March 11, 2010, this Court granted of this action. Osanitsch and Defendants have exchanged drafts of a settlement agreement.

Defendants' stipulation to move the hearing date from March 12, 2010 to April 9, 2010. On April 8, 2010, Osanitsch and Defendants filed a third stipulation to further continue the hearing on Defendants' Motion for Attorneys' Fees in order to discuss and finalize settlement of this matter. On April 9, 2010, this Court granted Defendants' stipulation to move the hearing date from April 9, 2010 to April 30, 2010.

Further, the parties have agreed on the form and content of the final settlement agreement. The parties are very close to finalizing a settlement agreement, but need additional time to execute the necessary documents to finalize settlement and dismiss this action. In order to reach final settlement of this action, the parties have agreed, and hereby stipulate, to continue the hearing date on Defendants' Motion for Attorneys' Fees. Accordingly, Osanitsch and Defendants stipulate and agree to continue the hearing date on Defendants' Motion for Attorneys' Fees from April 30, 2010 to May 28, 2010, or as soon thereafter as the Court finds convenient.

After this Court granted the Stipulation, the parties have continued to discuss settlement on this action. Osanitsch and Defendants have exchanged drafts of a settlement agreement. Further, the parties have agreed on the form content of the final settltment agreement. The parties are very close to finalizing a settlement agreement, but need additional time to execute the necessary documents to finalize settlement and dismiss this action. In order to reach final settlement of this action, the parties have agreed, and hereby stipulat, to continue the hearing date on Defendants' Motion for Attorneys' Fees. Accordingly, Osanitsch and Defendants stipulate and agree to continue the hearing date on Defendants' Motion for Attorneys' Fees from April 30, 2010 to May 28, 2010, or as soon thereafter as the Court finds convenient.

Dated: April 28, 2010

K&L GATES LLP By: Jas S. Dhillon Matthew G. Ball (SBN 208881) matt.ball@klgates.com Harold H. Davis, Jr. (SBN 235552) harold.davis@klgates.com Jas S. Dhillon (SBN 252842) jas.dhillon@klgates.com Attorneys for Defendant MARCONI PLC,

MARCONI COMMUNICATIONS and TELENT LTD. THE LAW OFFICES OF JAMES J. SELTZER James J. Seltzer Attorney for Plaintiff JOHN OSANITSCH

PURSUANT TO STIPULATION IT IS SO ORDERED.

Honorable Charles R. Breyer Judge

20100429

© 1992-2010 VersusLaw Inc.



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