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San Francisco Technology Inc. v. Lubricants Usa Inc.

U.S. District Court Northern District of California


July 7, 2011

SAN FRANCISCO TECHNOLOGY INC. PLAINTIFF
v.
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.
DEFENDANTS

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.

20110707

© 1992-2011 VersusLaw Inc.



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