e.Digital Corporation v. Intel Corporation

• Assigned to: Judge Marilyn L. Huff
• Referred to: Magistrate Judge Barbara Lynn Major
• Cause: 35:271 Patent Infringement

10/24/2014 (43) Joint MOTION to Continue Notice Of Settlement And Joint Motion To Continue All Deadlines Pending Settlement In Intel Case Only by e.Digital Corporation. (Chalk, Pamela) (Entered: 10/24/2014)

Docket: https://drive.google.com/file/d/0Bx9NLDCScshnNjRiX2ExTkhyU2M/view?usp=sharing

Document 43: https://drive.google.com/file/d/0Bx9NLDCScshnRXpuUi1IMF9Dejg/view?usp=sharing

TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA: NOTICE IS HEREBY GIVEN that the aforementioned matter known as e.Digital Corporation v. Intel Corporation, Case Number: 3:13-cv-2905-H-BLM, has been settled.

Plaintiff and Counter-defendant e.Digital Corporation (“Plaintiff”) and Defendant and Counterclaimant Intel Corporation (“Intel” 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 in this matter by no later than November 17, 2014.

In light of the foregoing, the Parties further make the following joint motion seeking the following relief:

1) An order from the Court continuing all deadlines in this matter up to and including November 17, 2014, by which date the parties expect to have executed a settlement agreement and it is anticipated that the Parties will file a notice of voluntary dismissal of all claims and counterclaims in the case;

2) An order taking off calendar and/or continuing the following pending motion currently set to be heard on November 17, 2014 at 10:30 a.m.:

a) “Defendant Intel Corporation’s Notice Of Motion And Motion To Stay Pending Inter Partes Review Of The Patent-In-Suit.” (Dkt #40 et seq.); and,

3) Further, in light of the fact that Defendant’s counsel Gregory Arovas, Esq. was chosen as the discovery liaison in the second set of consolidated cases of which this matter is a part of, it is respectfully requested that the Court appoint a new discovery liaison for the Second Set of Consolidated In re e.Digital Cases.

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Person Case Management Conference”, filed in in previously designated lead case, e.Digital Corporation v. G.Skill, Case No. 3:13-cv-2905-H-BLM). 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 purposes of delay, but rather so that they may have time to finalize a written settlement agreement and dismiss this matter forthwith in its entirety.

Pursuant to Local Civil Rule 7.2, the parties hereto will separately submit a Proposed Order granting the relief requested.