Opinion
2:20-cv-01480-RFB-EJY
01-11-2022
HERMAN MILLER, INC., Plaintiff, v. SKY ENTERPRISES, INC. dba LAURA DAVIDSON FURNITURE; and DAVID KROSKY a/k/a DAVE MCBRIDE, Defendants.
Nicholas J. Santoro, Jason D. Smith, SANTORO WHITMERE Jonathan E. Moskin, (Admitted pro hac vice) FOLEY & LARDNER LLP Jean-Paul Ciardullo, (Admitted pro hac vice) FOLEY & LARDNER LLP Attorneys for Plaintiff Herman Miller, Inc. Franklin M. Smith John L. Krieger, Tenesa S. Powell, Caleb L. Green, Franklin M. Smith, (Admitted Pro Hac Vice) GILE LAW GROUP LTD. Ryan Gile, Attorneys for Defendants
Nicholas J. Santoro, Jason D. Smith, SANTORO WHITMERE Jonathan E. Moskin, (Admitted pro hac vice) FOLEY & LARDNER LLP Jean-Paul Ciardullo, (Admitted pro hac vice) FOLEY & LARDNER LLP Attorneys for Plaintiff Herman Miller, Inc.
Franklin M. Smith John L. Krieger, Tenesa S. Powell, Caleb L. Green, Franklin M. Smith, (Admitted Pro Hac Vice) GILE LAW GROUP LTD. Ryan Gile, Attorneys for Defendants
STATUS REPORT AND NOTICE CONCERNING SETTLEMENT; STIPULATION
Defendants Sky Enterprises, Inc. dba Laura Davidson Furniture, and David Krosky a/k/a Dave McBride and Plaintiff Herman Miller, Inc. (collectively, the “Parties”) hereby notify the Court that they have executed a Binding Term Sheet to settle the case, and, believing that they are close to completing a final Settlement Agreement, jointly stipulate as follows:
. . .
WHEREAS, on November 1, 2021, the Parties stipulated to stay all deadlines pending a mediated settlement conferences. (ECF 49.)
WHEREAS, on December 6, 2021, the Parties submitted a joint stipulation resetting the case schedule, including dates for submission of Markman claim construction briefing as well as remaining fact and expert discovery. (ECF 58.)
WHEREAS, subsequent to submission of the joint stipulation resetting the case schedule, the Parties executed a Binding Term Sheet to settle the lawsuit.
WHEREAS, the Parties are in the process of finalizing a written settlement agreement that will memorialize and effectuate the terms of the Parties' Term Sheet.
WHEREAS, the Parties currently believe they can complete and execute the written settlement agreement within fifteen (15) days from entry of this stipulation and also anticipate filing for dismissal within this time period.
WHEREAS, the Parties desire to devote their full attention to effectuating settlement, and also to avoid further time and expense in briefing claim construction and engaging in fact discovery, and therefore respectfully request a 15-day stay of all current deadlines.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Parties, and the Court's approval is respectfully requested, that:
All further proceedings in the action be stayed for a period of fifteen (15) days pending finalization of the Parties' written settlement agreement and submission of the Parties' dismissal papers.
IT IS SO AGREED AND STIPULATED:
IT IS SO ORDERED: