Opinion
2:20-cv-01480-RFB-EJY
01-25-2022
HERMAN MILLER, INC., Plaintiff, v. SKY ENTERPRISES, INC. dba LAURA DAVIDSON FURNITURE; and DAVID KROSKY a/k/a DAVE MCBRIDE, Defendants.
FOLEY & LARDNER LLP Jean-Paul Ciardullo, Esq. Los Angeles, CA 90071 Jonathan E. Moskin, Esq. SANTORO WHITMIRE Nicholas J. Santoro, Esq. Jason D. Smith, Esq. Attorneys for Plaintiff DICKINSON WRIGHT PLLC John L. Krieger, Esq. Tenesa S. Powell, Esq. Caleb L. Green, Esq. Franklin M. Smith, Esq. GILE LAW GROUP LTD. Ryan Gile, Esq. Attorneys for Defendants
FOLEY & LARDNER LLP
Jean-Paul Ciardullo, Esq.
Los Angeles, CA 90071
Jonathan E. Moskin, Esq.
SANTORO WHITMIRE
Nicholas J. Santoro, Esq.
Jason D. Smith, Esq.
Attorneys for Plaintiff
DICKINSON WRIGHT PLLC
John L. Krieger, Esq.
Tenesa S. Powell, Esq.
Caleb L. Green, Esq.
Franklin M. Smith, Esq.
GILE LAW GROUP LTD.
Ryan Gile, Esq.
Attorneys for Defendants
EXTENSION OF DEADLINES TO FINALIZE SETTLEMENT
(SECOND REQUEST)
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 are in the process of completing and finalizing settlement documents, and jointly stipulate as follows:
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 No. 58.)
WHEREAS, on December 14, 2021, the Parties were able to resolve their differences and executed a Binding Term Sheet to settle the lawsuit.
WHEREAS, on January 7, 2021, the Parties filed a notice of settlement and request to extend the stay for fifteen 15 days (ECF No. 62 & 65), which the Court granted on January 11, 2022 (ECF No. 66).
WHEREAS, the Parties have been diligently working on finalizing a written settlement agreement that will memorialize and effectuate the terms of the Parties' settlement, but recognize they need additional time.
WHEREAS, the Parties currently believe they can complete and execute the written settlement agreement within fifteen (15) days 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 an add itiona l 15-da y 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) additional 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.