Free Order - District Court of California - California

Case 5:07-cv-04507-JF

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**E-filed 1/4/08** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The January 25, 2008 hearing on the motion of PTIG to set aside the default of PTIG entered in this matter on November 30, 2007 will be taken off calendar, and the default of PTIG will be set aside by stipulation.
C-07-4507 JF (HRL)
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DAVID SASSEEN (SBN 117125) LAW OFFICES OF E & SASSEEN 84 W. SANTA CLARA ST., SUITE 560 SAN JOSE, CA 95113 TELEPHONE: (408)569-1060 FACSIMILE: (408)286-2096 ATTORNEYS FOR DEFENDANT PTI GLOBAL, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION ACTICON TECHNOLOGIES, LLC, Plaintiff, v. PRETEC ELECTRONICS CORPORATION, a dissolved California corporation, PTI GLOBAL, INC., a California corporation, CHIU FENG CHEN, an individual, GORDON YU, an individual, TOMMY HO, an individual, ROBERT WU, an individual, GRACE YU, an individual, KUEI LU, an individual, and DOES 1 through 20, Defendants. -------------STIPULATION AND [PROPOSED] ORDER SETTING ASIDE DEFAULT Case No. C-07-4507 JF (HRL)

STIPULATION Plaintiff Acticon Technologies, LLC ("Acticon") and defendant PTI Global, Inc. ("PTIG"), by and through their attorneys of record, hereby stipulate and agree as follows:

Case 5:07-cv-04507-JF

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2.

The parties agree to mediate this matter through the Court's Alternative Dispute Resolution program.

3.

Prior to such mediation, PTI Global will produce to Acticon all financial and sales information in its possession or under its control for the products accused of infringing Acticon's patents in this matter, and will produce a witness to testify for the company pursuant to Rule 30(b)(6) on the information contained in these documents.

Dated: December 21, 2007 Law Offices of E & Sasseen

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_____________________________ By: David Sasseen

_____________________________ By: Robert J. Yorio ORDER Good cause appearing therefore, IT IS HEREBY ORDERED that the default of PTI Global be and hereby is set aside. PTI Global will answer or otherwise respond to the Complaint within 10 days of the date of this order. ------------------------1/4/08 DATED: December __, 2007

BY:_____________________________________ HONORABLE JEREMY FOGEL UNITED STATES DISTRICT COURT JUDGE

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 David Sasseen Name Robert J. Yorio Colby B. Springer Christine S. Watson Carr & Ferrell, LLP 220 Geng Road Palo Alto, CA 94303 Facsimile: (650)812-3444

PROOF OF SERVICE I, David Sasseen, declare as follows: I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Santa Clara, State of California, and not a party to the above-entitled cause. My business address is Law Offices of E & Sasseen, 84 W. Santa Clara St., Suite 560, San Jose, CA 95113. On December 26, 2007, I served the foregoing document described as:

On all counsel of record in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows:

[ ] BY MAIL I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at San Jose, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] BY FACSIMILE I caused said document to be transmitted by facsimile transmission to the number indicated after the address(es) noted above. [ ] BY PERSONAL SERVICE addressee(s) as stated above. I caused such envelope to be delivered by hand to the

[ ] BY FEDERAL EXPRESS I caused such envelope to be delivered to Federal Express for overnight courier service to the offices of the addressee(s) listed on the attached service list. [ ] FEDERAL I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on December 26, 2007 at San Jose, California. _______________________________ Signature

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02-CV-1900B (LAB)
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