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ANTON HANDAL (Bar No. 113812) anh@handal-law.com PAMELA C. CHALK (Bar No. 216411) pchalk@handal-law.com GABRIEL HEDRICK (Bar No. 220649) ghedrick@handal-law.com HANDAL & ASSOCIATES 750 B. Street, Suite 2510 San Diego, California 92101 Tel: 619.544.6400 Fax: 619.696.0323 Attorneys for Plaintiff and Counter-Defendant, e.Digital Corporation Douglas A. Pettit (Bar No. 160371) dpettlt@pettitkohn.com PETTIT KOHN INGRASSIA & LUTZ PC 11622 EI Camino Real, Suite 300 San Diego, CA 92130 Tel: (858) 755-8500 Fax: (858) 755-8504 D. Scott Hemingway (Admitted Pro Hac Vice) shemingway@hh-iplaw.com HEMINGWAY & HANSEN, LLP 1700 Pacific Ave., Suite 4800 Dallas, TX 75201 Attorneys for Defendant and Counterclaimant, Mushkin, Inc. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA e.Digital Corporation, Plaintiff, v. Mushkin, Inc., Defendant. And Related Counterclaims. Case No. 3:13-cv-2914-H-BGS NOTICE OF SETTLEMENT AND JOINT MOTION TO CONTINUE ALL DEADLINES PENDING SETTLEMENT Assigned to the Honorable Judge Marilyn L. Huff Courtroom 15A (Annex) Case 3:13-cv-02914-H-BGS Document 31 Filed 01/06/15 Page 1 of 4 NOTICE OF SETTLEMENT;
HANDAL & ASSOCIATES 750 B. STREET SUITE 2510 SAN DIEGO, CA 92101 TEL: 619.544.6400 FAX: 619.696.0323 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. Mushkin, Inc., Case Number: 3:13-cv-2914-H-BGS, has been settled. Plaintiff and Counter-defendant e.Digital Corporation (“Plaintiff”) and Defendant and Counterclaimant Mushkin Inc. (hereafter “Mushkin” 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 no later than January 30, 2015. 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 January 30, 2015, 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 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.
HANDAL & ASSOCIATES 750 B. STREET SUITE 2510 SAN DIEGO, CA 92101 TEL: 619.544.6400 FAX: 619.696.0323 Dated: January 6, 2015 HANDAL & ASSOCIATES By: /s/Pamela C. Chalk____________ Anton N. Handal Pamela C. Chalk Gabriel G. Hedrick Attorneys for Plaintiff e.Digital Corporation Dated: January 6, 2015 HEMINGWAY & HANSEN, LLP By: /s/D. Scott Hemingway D. Scott Hemingway Attorneys for Defendant And Counterclaimant Mushkin, Inc. ATTESTATION OF E-FILED SIGNATURE Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures Manual, I, Pamela c. Chalk, attest that D. Scott Hemingway, signatory, has read and approved the foregoing and consents to its filing in this action. By /s/Pamela C. Chalk Pamela C. Chalk