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Boracho IP Holdings LLC v. Outback Power Technologies, Inc., 19-CV-1558-BJR. (2020)

Court: District Court, D. Washington Number: infdco20200312661 Visitors: 5
Filed: Mar. 06, 2020
Latest Update: Mar. 06, 2020
Summary: STIPULATED MOTION AND ORDER REGARDING TEMPORARY STAY OF CASE PENDING SETTLEMENT BARBARA J. ROTHSTEIN , District Judge . STIPULATION Plaintiff Boracho IP Holdings, LLC and Defendant Outback Power Technologies, Inc., by and through their counsel of record, hereby stipulate and agree as follows: 1. The parties previously stipulated to an extension of time for Defendant to respond to Plaintiff's Complaint for Patent Infringement until December 5, 2019, and the Court entered an Order according
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STIPULATED MOTION AND ORDER REGARDING TEMPORARY STAY OF CASE PENDING SETTLEMENT

STIPULATION

Plaintiff Boracho IP Holdings, LLC and Defendant Outback Power Technologies, Inc., by and through their counsel of record, hereby stipulate and agree as follows:

1. The parties previously stipulated to an extension of time for Defendant to respond to Plaintiff's Complaint for Patent Infringement until December 5, 2019, and the Court entered an Order accordingly. ECF-19, ECF-20.

2. The parties are and have been engaged in discussions regarding potential resolution of this case. In order to facilitate these discussions, the parties stipulated and agreed that—subject to the Court's approval—the deadline for Defendant to answer or otherwise respond to Plaintiff's Complaint for Patent Infringement, should be extended to January 6, 2020, and the Court entered an order accordingly.1 ECF-25, ECF-26.

3. The parties have now reached an agreement in principle over settlement, which settlement is contingent upon a corrected assignment for the Patent-in-Suit being effected by Plaintiff. In order to permit opportunity for this correction to be accomplished, and so as to avoid unnecessary litigation expenses, the parties are agreed—subject to the Court's approval —to a temporary stay of this case on the terms set forth in the proposed order that is attached to this stipulation.

4. The reason for this second request for a stay is because a former patent owner, Seiko Epson Corporation, is an overseas company and this process has taken longer than anticipated.

5. The parties therefore request a stay of 60 days on all outstanding deadlines, as provided in the proposed order attached hereto.

DATED: March 5, 2020 MANN LAW GROUP PLLC By /s/ Philip P. Mann Philip P. Mann, WSBA #28860 1420 Fifth Avenue, Sutie 2200 Seattle, WA 98101 Telephone: 206.436.0900 Email: phil@mannlawgroup.com Attorneys for Plaintiff SAVITT BRUCE & WILLEY LLP By /s/ Stephen C. Willey [email authorization] Stephen C. Willey, WSBA #24499 1425 Fourth Avenue, Suite 800 Seattle, WA 98101-2272 Telephone: 206.749.0500 Email: swilley@sbwllp.com REED SMITH LLP Peter J. Chassman, pro hac vice 811 Main Street, Suite 1700 Houston, TX 77002 Telephone: 713.469.3885 Email: pchassman@reedsmith.com Ismail Cem Kuru, pro hac vice 10 S. Wacker Dr., Fl. 40 Chicago, IL 60606 Telephone: 312.207.2838 Email: ikuru@reedsmith.com Attorneys for Defendant

I. ORDER

As set forth in the parties' stipulation, this matter has been tentatively settled subject to an assignment error being corrected. In order to permit such correction, and in the interest of judicial efficiency, (a) this matter shall be stayed, and all current case deadlines vacated, up through and including April 30, 2020; and (b) the parties shall submit a status report to the Court not later than May 4, 2020.

It is so ORDERED.

FootNotes


1. For the same reason, the parties stipulated to an extension of the dates set forth in the Court's Order Regarding Initial Disclosure, Joint Status Report and Early Settlement (ECF-17), and the Court entered an order accordingly. ECF-22, ECF-24.
Source:  Leagle

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