Penovia LLC v. Acer America Corporation

MOTION to Stay PENDING SETTLEMENT

E.D. Tex.June 3, 2014

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PENOVIA, LLC, Plaintiff, v. Civil Action No. 2:14-cv-236 JURY TRIAL DEMANDED SHARP ELECTRONICS CORPORATION, Defendant, PARTIES’ JOINT MOTION TO STAY PENDING SETTLEMENT PAPERS Plaintiff Penovia, LLC (“Penovia”) and Defendant Sharp Electronics Corporation (“Sharp”) hereby submit this Joint Motion to Stay Pending Settlement Papers in the present case in view of the parties’ agreement on terms for settlement. At this time, Penovia and Sharp have reached a settlement in principle and are in the process of finalizing the settlement terms and agreement. In light of the anticipated settlement, and the subsequent dismissal of this action, Penovia and Sharp submit that judicial resources would best be served by a temporary stay of any further proceedings for forty five (45) days, while the parties finalize their formal agreements. For the foregoing reasons, Penovia and Sharp request that the Court grant this joint motion and enter a temporary stay of all further proceedings in the case between Penovia and Sharp for forty five (45) days, until July 18, 2014. A proposed order granting this motion is filed concurrently herewith for the Court’s convenience. - 2 - Dated: June 3, 2014 Respectfully submitted, /s/Andrew W. Spangler Andrew W. Spangler SB# 24041960 SPANGLER LAW P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 Telephone: (903) 753-9300 Facsimile: (903) 553-0403 Email: spangler@spanglerlawpc.com Stamatios Stamoulis DE SB No. 4606 stamoulis@swdelaw.com Richard C. Weinblatt DE SB No. 5080 weinblatt@swdelaw.com STAMOULIS & WEINBLATT LLC Two Fox Point Centre 6 Denny Road, Suite 307 Wilmington, DE 19809 Telephone: (302) 999-1540 Facsimile: (302) 762-1688 Attorneys for Plaintiff Penovia LLC /s/ Christopher P. Broderick Christopher P. Broderick, SB# 180254 cbroderick@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Street Suite 3200 Los Angeles, California 90017 Telephone: +1-213-629-2020 Facsimile: +1-213-612-2499 Robert J Benson, SB# 155971 rbenson@orrick.com ORRICK HERRINGTON & SUTCLIFFE, LLP 2050 Main Street, Suite 1100 Irvine, CA 92614-8255 Telephone: +1 949-852-7705 Facsimile: +1 949-567-6710 Attorneys for Defendant Sharp Electronics Corporation CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this notice was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-(5)(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d), 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 email and/or fax, on this 3 rd day of June, 2014. /s/Andrew W. Spangler Andrew W. Spangler