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San Francisco Technology Inc. v. Glaxosmithkline LLC

United States District Court Northern District of California, San Jose Division


July 8, 2011

SAN FRANCISCO TECHNOLOGY INC.
PLAINTIFF
v.
GLAXOSMITHKLINE LLC DEFENDANT

The opinion of the court was delivered by: Judge: Jeremy Fogel

Stipulation and [Proposed] Order to Continue Motion

INGERMAN

650 TREET

279-7000

Hearing to Allow Time For Settlement

95110-2740

UNITES

ARLOS & OWER C ALIFORNIA

(408)

Time: 9:00 a.m. Room:

PELMAN

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.

650

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 C P EST S TELEPHONE Counsel for San Francisco Technology Inc. OUNT IVER W OSE J AN T R Date: July 7, 2011 Morgan, Lewis & Bockius LLP M S /s/ Jason C. White Counsel for GlaxoSmithKline LLC Pursuant to stipulation, it is so ordered.

Date: 7/7/11

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.

20110708

© 1992-2011 VersusLaw Inc.



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