United States District Court Northern District of California, San Jose Division
July 19, 2011
SAN FRANCISCO TECHNOLOGY INC.
SUN PRODUCTS CORPORATION
The opinion of the court was delivered by: Judge: Jeremy Fogel
Stipulation and [Proposed] Order to Continue Motion, Hearing to Allow Time For Settlement
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 in principle which would result in the dismissal of this case and avoid the need for motion practice. The parties request a continuance of the motion 4 hearing to allow time for a formal settlement agreement to be executed.
2. Defendant Sun Products Corporation filed a motion to dismiss (Docket No. 30) on May 5, 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 July 22, 2011.
In accordance with General Order 45.X.B., Benjamin R. Lemke, counsel for SF Tech, attests 95110-2740
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 Quinn Emanuel Urquhart & Sullivan, LLP
/s/ Anne S. Toker
Counsel for Sun Products Corporation
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 counsel who have appeared in this action, who have consented under to accept that Notice as service 5 of this document.
Date: July 7, 2011 Mount, Spelman & Fingerman, P.C., 7 /s/ Benjamin R. Lemke Counsel for San Francisco Technology Inc.
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