Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:00-cv-00754-JBA

Document 513

Filed 07/27/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

SONY ELECTRONICS, INC., et al., Plaintiffs, v. SOUNDVIEW TECHNOLOGIES, INC., Defendant.

Lead Docket No.: 3:00 CV00754 (JBA) USDC/New Haven Member Case Nos.: 3:00 CV 768 (JBA) 3:00 CV 981 (JBA) ALL CASES

AGREED MOTION OF TOSHIBA AMERICA CONSUMER PRODUCTS FOR SUBSTITUTION DOCUMENTS FILED WITH COURT AND RETURN OF A CONFIDENTIAL DOCUMENT Toshiba America Consumer Products Inc. ("Toshiba"), a former Non-Soundview Parties in this action, moves to retrieve from the Court's public record a confidential settlement agreement and to substitute in its place the stipulation of dismissal between Toshiba and Soundview. Counsel for Soundview consented to this motion. Attached is proposed order. The signed stipulation of dismissal is attached as Exhibit A. The signed dismissal was to have been included with the motion to enter the dismissal filed by Toshiba on March 23, 2005. [Court Docket Index No. 499 ­ DI. 499]. The motion inadvertently

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Case 3:00-cv-00754-JBA

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included the signed confidential settlement agreement between Toshiba and Soundview and an unsigned stipulation of dismissal. The settlement agreement first appeared on the Court's PACER docket record system when the motion to enter the dismissal was granted on July 17, 2005. [DI. 507, Part 2 Exhibit, and DI. 510, 511 (Docket Entry Corrections)]. This motion seeks to substitute the stipulation of dismissal for the settlement agreement and to retrieve the agreement from the court docket records. The signed stipulation of dismissal supports the motion for entry of the dismissal. However, the signed stipulation of dismissal is not currently available on the PACER docket system. The settlement agreement is not relevant to the motion to enter the stipulation of dismissal and was not necessary to support the motion to enter the stipulation of dismissal. See FED. R. CIV. P. 41(a)(1). Further, the settlement agreement includes confidential financial information. Accordingly, the settlement agreement should be removed from the Court's records.

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For the foregoing reasons, it is respectfully requested that this motion be granted and the proposed order be entered. Respectfully submitted,

______________________________ William M. Bloss Koskoff, Koskoff & Bieder Howd & Ludorf 350 Fairfield Avenue Bridgeport, CT 06604 Tel. 203-336-4421 E-mail: [email protected] Larry S. Nixon Nixon & Vanderhye, PC 901 North Glebe Road Arlington, VA 22203 Tel: 703-816-4000 Attorneys for Toshiba America Consumer Products, Inc.

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Case 3:00-cv-00754-JBA

Document 513

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

SONY ELECTRONICS, INC., et al., Plaintiffs, v. SOUNDVIEW TECHNOLOGIES, INC., Defendant.

Lead Docket No.: 3:00 CV00754 (JBA) USDC/New Haven Member Case Nos.: 3:00 CV 768 (JBA) 3:00 CV 981 (JBA) ALL CASES

PROPOSED ORDER Having considered the agreed Motion of Toshiba America Consumer Products for Substitution Documents Filed with Court and Return of a Confidential Document filed July 27, 2005 (DI. ____), IT IS HEREBY ORDERED THAT: 1. 2. Toshiba's Motion is GRANTED. The Stipulation of Dismissal included with the Motion shall be entered on

the Court's records for this Action. 3. The Settlement and Release Agreement between Toshiba and Soundview

shall be removed from the Court's records, including from Court Docket Index (DI.) 507, Part 2 Exhibit, and DI. 510, 511 (Docket Entry Corrections).

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Date:

________________________ Janet Arterton U.S. District Judge

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was mailed by first class mail, postage prepaid, to the parties listed below on this 27th day of July 2005:

Counsel for Soundview Technologies, Inc. Raymond P. Niro, Esq. Robert P. Greenspoon, Esq. Niro, Scavone, Haller & Niro 181 West Madison Street, Suite 4600 Chicago, IL 60602

John J. Bogdanski, Esq. Howd & Ludorf 65 Wethersfield Avenue Hartford, CT 06114

Counsel for Consumer Electronics Association & Electronic Industries Alliance Peter J. Kadzik, Esq. Jacqueline D. Bucar, Esq. Dickstein Shapiro Morin & Oshinsky Tyler Cooper & Alcorn 2101 L Street, NW 205 Church Street Washington, DC 20037 New Haven, CT 06509

Counsel for Mitsubishi Digital Electronics America Vincent Belusko, Esq. Joseph L. Clasen, Esq. Morrison & Foerster LLP Brian E. Moran, Esq. 555 West Fifth Street, 35th Floor Robinson & Cole, LLP Los Angeles, CA 90013-1024 695 East Main Street P.O. Box 10305 Stamford, Connecticut 06904-2305

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Counsel for Sharp Electronic Corporation Robert W. Adams, Esq. U.S. Mickey Gill, Esq. Nixon & Vanderhye, P.C. 901 North Glebe Road, 11th Flr. Arlington, VA 22203

_____________________________ William M. Bloss

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