Filed: Dec. 26, 2019
Latest Update: Dec. 26, 2019
Summary: STIPULATION AND ORDER HOLDING IN ABEYANCE FURTHER BRIEFING ON, AND ADJUDICATION OF, PLAINTIFFS' MOTION FOR ATTORNEYS' FEES HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiffs Robin Berman, Bo Kang, Khashayar Mirfakhraei, Thang Van Vu, Donna Viera-Castillo, Girish Ramesh, Patrick Hanley, Ilana Shternshain and Mandy Schwarz (collectively "plaintiffs") and Defendants Microchip Technology Incorporated ("Microchip"), Atmel Corporation ("Atmel") and Atmel Corporation U.S. Severance Guarantee Be
Summary: STIPULATION AND ORDER HOLDING IN ABEYANCE FURTHER BRIEFING ON, AND ADJUDICATION OF, PLAINTIFFS' MOTION FOR ATTORNEYS' FEES HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiffs Robin Berman, Bo Kang, Khashayar Mirfakhraei, Thang Van Vu, Donna Viera-Castillo, Girish Ramesh, Patrick Hanley, Ilana Shternshain and Mandy Schwarz (collectively "plaintiffs") and Defendants Microchip Technology Incorporated ("Microchip"), Atmel Corporation ("Atmel") and Atmel Corporation U.S. Severance Guarantee Ben..
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STIPULATION AND ORDER HOLDING IN ABEYANCE FURTHER BRIEFING ON, AND ADJUDICATION OF, PLAINTIFFS' MOTION FOR ATTORNEYS' FEES
HAYWOOD S. GILLIAM, JR., District Judge.
Plaintiffs Robin Berman, Bo Kang, Khashayar Mirfakhraei, Thang Van Vu, Donna Viera-Castillo, Girish Ramesh, Patrick Hanley, Ilana Shternshain and Mandy Schwarz (collectively "plaintiffs") and Defendants Microchip Technology Incorporated ("Microchip"), Atmel Corporation ("Atmel") and Atmel Corporation U.S. Severance Guarantee Benefit Program (collectively with Microchip and Atmel, "defendants") hereby enter into the following joint stipulation holding in abeyance further action on plaintiffs' Motion for Attorneys' Fees and Litigation Costs pending defendants' appeal. Dkt. 122.
WHEREAS, plaintiffs filed their Motion for Attorneys' Fees and Litigation Costs on November 18, 2019 and noticed the hearing for January 16, 2020 at 2:00 p.m. Dkt. 122.
WHEREAS, defendants appealed this Court's judgment in favor of plaintiffs on November 15, 2019. Dkt. 121.
WHEREAS, defendants filed their opposition to plaintiffs' Motion for Attorneys' Fees and Litigation Costs on December 18, 2019. Dkt. 128.
WHEREAS, plaintiffs' reply in support of that motion is currently due on January 9, 2020.
WHEREAS, the parties agree that judicial efficiency would be furthered by deferring resolution of plaintiffs' Motion for Attorneys' Fees and Litigation Costs until after the resolution of defendants' appeal as the parties agree that it does not make sense for the parties to spend additional time litigating, or for this Court to expend judicial resources considering, issues related to the attorneys' fees motion whose resolution may be materially affected by the outcome of defendants' appeal of the judgment.
IT IS THEREFORE HEREBY STIPULATED AND AGREED, by and among the parties, through their counsel of record, that plaintiffs' Motion for Attorneys' Fees and Litigation Costs be held in abeyance pending the resolution of defendants' appeal. The parties respectfully request that this Court enter the attached order.
DATED: December 23, 2019
ALTSHULER BERZON LLP
By: /s/Michael Rubin
Michael Rubin
Andrew Kushner
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Cliff Palefsky
Keith Ehrman
McGUINN, HILLSMAN & PALEFSKY
535 Pacific Avenue
San Francisco, CA 94133
William B. Reilly
LAW OFFICE OF WILLIAM REILLY
86 Molino Avenue
Mill Valley, CA 94941
Attorneys for Plaintiffs
DATED: December 23, 2019
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
By: /s/Mark G. Kisicki (signature approved 12/23/19)
Mark G. Kisicki
Elizabeth M. Soveranez
2415 East Camelback Road, Suite 800
Phoenix, Arizona 85016
Mark Schmidtke
56 S. Washington Street, Suite 302
Valparaiso, IN 46383
Attorneys for Defendants
PURSUANT TO STIPULATION, AND GOOD CAUSE HAVING BEEN SHOWN, further proceedings related to Plaintiffs' Motion for Attorneys' Fees and Litigation Costs (Dkt. 122) are hereby STAYED AND HELD IN ABEYANCE pending the Ninth Circuit's resolution of Defendants' appeal in this matter. The January 16, 2020 hearing and further briefing deadlines for Plaintiffs' motion are hereby VACATED. Within fifteen (15) days of the resolution of Defendants' appeal, the parties shall notify this Court of their views regarding whether further proceedings in this Court are warranted, including as related to Plaintiffs' Motion for Attorneys' Fees and Litigation Costs.
