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Message: Possible tentative settlement in the Ericsson lawsuit...
CIVIL CASE NO. 12-CV-23569-MIDDLEBROOKS
WI-LAN USA, INC., WI-LAN INC., Plaintiffs,
TELEFONAKTIEBOLAGET LM ERICSSON and ERICSSON INC.,
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JOINT MOTION FOR CONTINUANCE OF TRIAL AND PRETRIAL DEADLINES
Plaintiffs Wi-LAN USA Inc. and Wi-LAN Inc. (collectively, “Wi-LAN”) and Defendants Telefonaktiebolaget LM Ericsson and Ericsson Inc. (collectively, “Ericsson” and, together with Wi-LAN, the “Parties”), pursuant to Fed. R. Civ. P. 6(b) and Local Rule 7.1, jointly move the Court to continue the trial in this action and stay all pretrial deadlines until June 12, 2017, and in support state as follows:
1. The Court’s Amended Order Setting Schedule on Remand (Doc. No. 380) set this action for jury trial commencing June 19, 2017, with calendar call scheduled for June 14, 2017.
2. The Parties have reached an agreement in principle settling all issues in this action, subject to the Parties’ execution of a final settlement agreement. The Parties are in the process of resolving this final settlement agreement, and expect to be completed shortly.
3. To avoid the waste of judicial and Party resources, and to permit the Parties to finalize the settlement and file dismissal papers with the Court, the Parties respectfully request that the trial in this action be continued, and that all pretrial deadlines be stayed until June 12, 2017.
4. There is good cause for the requested continuance. The continuance will serve the interests of judicial economy and allow the Parties reasonable time to settle this action. No Party will be prejudiced by the relief requested, and, as the Parties have reached an agreement in principle, the requested continuance will not materially delay resolution of this matter.
5. The Parties intend to file closing papers on or before June 12, 2017. If the Parties cannot finalize the settlement by that date, the Parties intend to submit a joint motion on June 12, 2017 setting forth a suggested schedule for the Court’s consideration.
WHEREFORE the Parties respectfully request the Court to enter an Order continuing the trial in this action and staying all pretrial deadlines until June 12, 2017.
Dated: May 26, 2017

 

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