"The "Settlement Agreement" got "executed" in October, when they filed the last PACER with the Court and the case was dismissed.
Gil..."
According to thePacer filing below, the agreement was executed on Sept. 15.
(I hope you are right however)
e.DIGITAL CORPORATION’S AND SAMSUNG ELECTRONICS AMERICA, INC.’S
JOINT MOTION FOR STAY
Plaintiff e.Digital Corporation (“e.Digital”) and Defendant Samsung Electronics
America, Inc. (“Samsung”), the two remaining parties in the above-styled action, hereby move
for a stay, through October 26, 2009, of this action as it relates to the claims and counter-claims
that e.Digital and Samsung have asserted against each other. In support of this Joint Motion,
e.Digital and Samsung state as follows:
1. e.Digital and Samsung have executed a Settlement Agreement. Pursuant to that
agreement, Samsung agreed to comply with certain obligations by October 19, 2009.
2. Following Samsung’s compliance with those obligations, e.Digital and Samsung
expect to file a joint dismissal with prejudice of their claims and counter-claims against each
other by October 26, 2009.
3. In light of the impending dismissal of e.Digital’s and Samsung’s claims and
counter-claims against each other, a stay is necessary to avoid the parties expending unnecessary
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costs and resources. 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 Samsung Electronics
America, Inc. respectfully request that the Court grant their Joint Motion for Stay and enter the
proposed order attached hereto.
Respectfully and jointly submitted this 15th day of September, 2009,
/s/ Matthew S. Yungwirth
L. Norwood Jameson
Matthew S. Yungwirth
Duane Morris LLP
1180 West Peachtree St., # 700
Atlanta GA 30309-3448
Tel: 404.253.6900
Fax: 404.253.6901
wjameson@duanemorris.com
msyungwirth@duanemorris.com
Gary R. Maze
Wesley W. Yuan
Duane Morris LLP
3200 Southwest Freeway
Ste 3150
Houston, TX 77027-7534
Tel.: 713.402.3900
Fax: 713.402.3901
grmaze@duanemorris.com
wwyuan@duanemorris.com
Michael C. Smith
Siebman, Reynolds, Burg, Phillips & Smith,
LLP – Marshall
713 South Washington Avenue
Marshall, Texas 75670
Tel.: 903.938.8900
Fax: 972.767.4620
michaelsmith@siebman.com
Attorneys for Plaintiff
e.Digital Corporation
/s/ Todd M. Friedman______
Gregory S. Arovas
Todd M. Friedman
Christopher M. Gerson
Kirkland & Ellis, LLP
153 E 53rd St
Citicorp Center
New York, NY 10022-4675
Tel: 212-446-4766
Fax: 212-446-4900
garovas@kirkland.com
tfriedman@kirkland.com
cgerson@kirkland.com
Allen Franklin Gardner
Michael Edwin Jones
Potter Minton PC
110 N College
Suite 500
PO Box 359
Tyler, TX 75710-0359
Tel: 903-597-8311
allengardner@potterminton.com
mikejones@potterminton.com
Attorneys for Defendant
Samsung Electronics America, Inc.
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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule 5.1. As such, this motion was served on all counsel who are deemed
to have consented to electronic service. Pursuant to Fed. R. Civ. P. 5(d) and Local Rule 5.1, all
other counsel of record not deemed to have consented to electronic service were served with a
true and correct copy of the foregoing by certified mail, return receipt requested, on this the 15th
day of September, 2009.
s/ Matthew S. Yungwirth
Matthew S. Yungwirth
