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Hammond Enterprises, Inc. v. ZPS America, LLC, 3:12-cv-03600 EDL. (2014)

Court: District Court, N.D. California Number: infdco20140404844 Visitors: 2
Filed: Mar. 21, 2014
Latest Update: Mar. 21, 2014
Summary: JOINT NOTICE OF SETTLEMENT AND STIPULATED REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; AND ORDER THEREON AS MODIFIED ELIZABETH D. LAPORTE, Magistrate Judge. WHEREAS, a Further Case Management Conference was held in this matter on March 4, 2014, at which counsel for all parties informed the court that the parties had engaged in direct settlement discussions without the participation and outside the presence of counsel, and that the parties had thereby reached an agreement to settle th
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JOINT NOTICE OF SETTLEMENT AND STIPULATED REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; AND ORDER THEREON AS MODIFIED

ELIZABETH D. LAPORTE, Magistrate Judge.

WHEREAS, a Further Case Management Conference was held in this matter on March 4, 2014, at which counsel for all parties informed the court that the parties had engaged in direct settlement discussions without the participation and outside the presence of counsel, and that the parties had thereby reached an agreement to settle the case;

WHEREAS, because the agreement had not been reduced to writing at the time of the March 4 Case Management Conference, the Court set a Further Case Management Conference for March 25, 2014 for the purpose of reviewing the status of the putative settlement;

WHEREAS, since the March 4 conference the parties have executed a written settlement agreement compromising and settling all claims and counterclaims in this action;

WHEREAS, the settlement agreement contains a provision whereby the parties have expressly agreed that jurisdiction and venue over any and all disputes arising out of or in connection with this Agreement shall be in the United States District Court for the Northern District of California, San Francisco Division;

WHEREAS, the parties are presently in the process of preparing a joint Stipulation re: Order of Dismissal with Prejudice requesting that the Court issue an order pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure dismissing all claims and counterclaims in this action with prejudice and further ordering that the United States District Court for the Northern District of California, San Francisco Division, retain jurisdiction over this matter and over Hammond Enterprises, Inc., CNC Technologies, ZPS America, LLC, and TAJMAC-ZPS a.s. for the purpose of enforcement of the terms of the Settlement Agreement; and

WHEREAS, the parties have agreed that the Stipulation re: Order of Dismissal with Prejudice shall be submitted to the Court no later than March 27;

IT IS HEREBY STIPULATED, AGREED, AND REQUESTED by and between the parties, through their undersigned counsel, that the Court continue the Further Case Management Conference set for March 25, 2014 for 30 days to provide sufficient time for the stipulation to be filed and for the Court to review the stipulation and issue an order thereon.

ORDER

Based upon the stipulation entered into by and between the parties, and Good Cause appearing therefrom:

IT IS HEREBY ORDERED THAT the Further Case Management Conference set for March 25, 2014 in Action No.: C-12-03600-EDL is hereby continued to May 6, 2014, at 11:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

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