Thanks Plank.... order granting extensions for proposed settlement
posted on
Oct 05, 2014 09:00AM
below request approved, order granting extensions for proposed settlement as requested below:
NOTICE IS HEREBY GIVEN that the aforementioned matter known as
e.Digital Corporation v. Toshiba America Information Systems, Inc., Case Number
3:13-cv-2909-H-BGS, has been settled.
Plaintiff and Counter-Defendant e.Digital Corporation (“Plaintiff”) and
Defendant and Counterclaimant Toshiba America Information Systems, Inc.
(“TAIS” or “Defendant”) have reached an agreement in principle for the settlement
of the above-captioned matter and are in the process of finalizing their settlement
agreement. Plaintiff and Defendant are referred to collectively hereafter as the
“Parties.”
The Parties anticipate filing a notice of voluntary dismissal of the claims and
counterclaims with prejudice in this matter no later than December 15, 2014.
Pending before the Court is Defendant Toshiba America Information Systems,
Inc.’s Notice of Motion and Motion for Sanctions” (Dkt. #37 et seq.).
In light of the foregoing, the Parties make the following joint motion seeking
the following relief: an order from the Court which continues all deadlines and
hearing dates in this matter to December 15, 2014, by which date the Parties expect
to have executed a settlement agreement and it is anticipated that the Parties will
file a joint motion for the dismissal of all claims and counterclaims in the case.
Additional time is required because the settlement discussions involve the
participation of a foreign parent corporation.
This limited continuance of deadlines is for good cause and so that justice
may be served. The Parties do not submit this request to the Court for