U.S. District Court Northern District of California
July 7, 2011
SAN FRANCISCO TECHNOLOGY INC. PLAINTIFF
LUBRICANTS USA INC., BRK BRANDS INC.,
AERO PRODUCTS INTERNATIONAL INC.,
CALICO BRANDS INC., COOPER LIGHTING LLC,
DAREX LLC, DEXAS INTERNATIONAL LTD., DYNA-
GRO NUTRITION SOLUTIONS, FISKARS BRANDS INC.,
GLOBAL CONCEPTS INC., HOMAX PRODUCTS INC.,
KIMBERLY-CLARK CORPORATION, KRACO ENTERPRISES LLC, LIXIT CORPORATION, MEAD
WESTVACO CORPORATION, NUTRITION INC.,
OATEY CO., OPTIMUM TECHNOLOGIES INC., NEWELL RUBBERMAID INC., SCHICK
MANUFACTURING INC., THE SCOTTS COMPANY LLC, STERLING INTERNATIONAL INC., VITAMIN
POWER INCORPORATED, WOODSTREAM CORPORATION, 4-D DESIGN INC.
The opinion of the court was delivered by: Judge: Judge Jeremy Fogel
Stipulation and [Proposed] Order to Continue
Motion Hearing to Allow Time For Settlement With Mead Westvaco
Corporation Date: July 8, 2011 Time: 9:00 a.m. Room: Courtroom 3, 5th Floor
The parties stipulate and request that the court enter an order as follows:
1. The parties have reached a settlement which would result in the
dismissal of this case
and avoid the need for motion practice. The parties request a
continuance of the motion hearing to 4 allow time for a formal
settlement agreement to be executed. 5
2. Defendant MeadWestvaco Corporation filed a motion to dismiss (Docket No. 437) on May 2, 2011 which remains pending. The court is currently scheduled to hear that motion on Friday, July 8, 2011 at 9:00 a.m.
3. The parties request that the court continue the motion hearing to allow time for the parties to execute a formal written settlement agreement and dismiss this case. The parties request 10 that the court continue the motion hearing to its next available hearing date, but in no event before 11 July 22, 2011.
In accordance with General Order 45.X.B., Benjamin R. Lemke, counsel for SF Tech, attests that each other signatory listed below has concurred in this filing.
Date: July 7, 2011
Mount, Spelman & Fingerman, P.C.,
/s/ Benjamin R. Lemke
Counsel for San Francisco Technology Inc.
Date: July 7, 2011 Armstrong Teasdale LLP
/s/ Nicholas B. Clifford, Jr.
Counsel for MeadWestvaco Corporation
Pursuant to stipulation, it is so ordered. 19
Jeremy Fogel, U.S. District Judge
Certificate of Service
The undersigned certifies that the foregoing document was filed using the court's electronic filing system (ECF). The ECF system serves a "Notice of Electronic Filing" to all parties and 4 counsel who have appeared in this action, who have consented under to accept that Notice as service 5 of this document. 6
Date: July 7, 2011 Mount, Spelman & Fingerman, P.C., 7 /s/ Benjamin R. Lemke Counsel for San Francisco Technology Inc.
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