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[HOW TO] Settlement (was: Re: Artifex v. Diebold: "The GPL is non-comme


From: Alexander Terekhov
Subject: [HOW TO] Settlement (was: Re: Artifex v. Diebold: "The GPL is non-commercial!")
Date: Tue, 31 Mar 2009 21:06:58 +0200

(upcoming settlement in Artifex v. Diebold)

Contrast it with the SFLC-style blog "settlements" announced on the
verge of voluntary dismissals with no shred of evidence regarding the
stipulation of settlement on the record in the federal court.

------
Case 3:08-cv-04837-SC Document 35 Filed 03/31/2009 Page 2 of 4

STIPULATION

WHEREAS, on October 22, 2008, Artifex Software, Inc. (“Plaintiff”) filed
a complaint against Diebold Inc. and Premier Election Solutions, Inc.
(“Defendants”) and alleged violations of United States Copyright Law;

WHEREAS, the Case Management Conference in this Action is currently
scheduled for April 3, 2009;

WHEREAS, Plaintiff and Defendants have agreed in principle to settle
this Action and are finalizing the language of a settlement agreement
that fully and finally resolves all claims, disputes, and differences in
this Action;

WHEREAS, the parties estimate that they will be able to file a
stipulation of dismissal within 30 days; and

WHEREAS, the parties agree that to conserve judicial resources, the Case
Management Conference in this Action should not go forward on April 3,
2009.

THE PARTIES HEREBY JOINTLY REQUEST that the Court postpone the Case
Management Conference in this Action to a date convenient for the Court,
at least 30 days after April 3, 2009.

O’MELVENY & MYERS LLP
By: /s/ Luann L. Simmons________
Luann L. Simmons

JONES DAY
By: /s/ Gregory L. Lippetz_____
Gregory L. Lippetz

Darin W. Snyder (SBN 136003)
Luann L. Simmons (SBN 203526)
David S. Almeling (SBN 235449)
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone: 415-984-8700
Facsimile: 415-984-8701
address@hidden
address@hidden
address@hidden

Attorneys for Plaintiff
ARTIFEX SOFTWARE, INC.

Tharan Gregory Lanier (SBN 138784)
Gregory L. Lippetz (SBN 154228)
Jane L. Froyd (SBN 220776)
JONES DAY
Silicon Valley Office
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone: 650-739-3939
Facsimile: 650-739-3900
address@hidden
address@hidden
address@hidden

Attorneys for Defendants
DIEBOLD, INC. and PREMIER
ELECTION SOLUTIONS, INC.
------

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)


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