Re: While this is a PR, it is certainly - DB-WRONG cA$$y
posted on
Dec 03, 2008 03:58PM
You need to reread the document. The settlement agreement is not finalized until the joint dismissal is done. The settlement was ONLY proposed at the point of the pacer filing.
e.DIGITAL CORPORATION’S AND CASIO AMERICA, INC.’S
JOINT MOTION FOR PARTIAL STAY
Plaintiff e.Digital Corporation ("e.Digital") and Defendant Casio America, Inc. ("Casio") hereby move for a forty day partial stay of this action as it relates to the claims and counterclaims that e.Digital and Casio have asserted against each other. In support of this Joint Motion, e.Digital and Casio state as follows:
1. e.Digital and Casio have reached a settlement of their dispute and have executed a settlement agreement. e.Digital and Casio expect to file a joint dismissal of their claims and counter-claims against each other within the next forty days (by December 31, 2008).
2. In light of the impending dismissal of e.Digital’s and Casio’s claims and counterclaims against each other, a forty day stay is necessary to avoid the parties expending unnecessary costs and resources.
3. The granting of this Motion will not prejudice any party and is being sought in good faith and not for the purpose of delay or any other improper purpose.
WHEREFORE, Plaintiff e.Digital Corporation and Defendant Casio America, Inc. respectfully request that the Court grant their Joint Motion for Partial Stay and enter the proposed order attached hereto.
Respectfully and this 21st day of November, 2008,
