United States District Court Northern District of California, San Jose Division
July 8, 2011
SAN FRANCISCO TECHNOLOGY INC.
GLAXOSMITHKLINE LLC DEFENDANT
The opinion of the court was delivered by: Judge: Jeremy Fogel
Stipulation and [Proposed] Order to Continue Motion
Hearing to Allow Time For Settlement
ARLOS & OWER C ALIFORNIA
Time: 9:00 a.m. Room:
Defendant Courtroom 3, 5th Floor ARK EST C TELEPHONE
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
3 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 GlaxoSmithKline LLC filed a motion to dismiss (Docket No. 46) on May 6, 2011 which remains pending. The court is currently scheduled to hear that motion on Friday, July 8, 2011 at 9:00 a.m. 8
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
INGERMAN TREET UITE S 95110-2740 279-7000 13 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 Morgan, Lewis & Bockius LLP
/s/ Jason C. White
Counsel for GlaxoSmithKline LLC
Pursuant to stipulation, it is so ordered.
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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