Annilihare agrees to settle with PCTL!!! Note:
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Civil Action No. 3:20-CV-287-FDW-DCK
PCT, LTD and Paradigm Convergence Technologies Corporation,
Plaintiff,
v.
Marion E. Paris, Jr., Clay Parker Sipes, and
Annihilare Medical Systems, Inc.,
Defendants and Third-Party Plaintiffs,
v.
Darryl Leslie Patterson,
Third-Party Defendant.
JOINT NOTICE OF SETTLEMENT
NOW COMES all Parties in the above-captioned action, pursuant to the Court’s Standing Order Governing Civil Case Management, and hereby notify this Honorable Court that the Parties have reached an agreement in principle that will likely result in the settlement and dismissal of this action. In support thereof, the Parties show the Court as follows:
1. Pursuant to the Court’s Standing Order Governing Civil Case Management, No. 3:07-MC-47 (Doc. No. 2), “f at any time a settlement is reached it shall be reported immediately to the Court, in writing, together with a realistic target date by which the parties can have a formal stipulation of dismissal filed.”
2. The Parties have reached an agreement in principle, however the agreement is complex. The settlement in principle includes a licensing agreement that goes into the future, as well as other multifaceted terms, and it may take some time for the Parties to work out the details and precise language of the ultimate settlement agreement.
Case 3:20-cv-00287-FDW-DCK Document 67
Filed 02/02/21
3. The Parties expect it may take up to three weeks to fully consummate the settlement agreement and file a joint notice of dismissal.
4. If more than three weeks is needed to finalize the details of the settlement, the Parties will promptly notify the Court.
5. The Parties are committed to settlement and fully expect to file a joint notice of dismissal; however, neither Party can be certain the settlement discussions will be ultimately successful.
6. The Court’s Standing Order further provides that upon notification of settlement, “the Court will enter an Order nominally dismissing the case without prejudice to the right of any party to reopen it should the settlement not be consummated as contemplated.” Court’s Standing Order Governing Civil Case Management, No. 3:07-MC-47 (Doc. No. 2).
7. The Parties have no objection to the administrative dismissal of this case without prejudice to the right of any party to reopen it should the settlement not be consummated as contemplated.
8. The Parties will continue to work diligently toward finalizing the settlement and filing a joint notice of dismissal with the Court.
WHEREFORE the Parties hereby notify this Honorable Court that they have reached an agreement in principle and, if they are successful in negotiating the details of such settlement, expect to file a joint notice of dismissal within three weeks.
Case 3:20-cv-00287-FDW-DCK Document 67
Filed 02/02/21
Respectfully submitted this the 2d of February, 2021,
WOMBLE BOND DICKINSON (US) LLP
s/ Russ Ferguson
Russ Ferguson (N.C. Bar No. 39671)
301 S. College Street, Suite 3500
Charlotte, NC 28202
(704) 331-4920
Russ.Ferguson@wbd-us.com
BOND, SCHOENECK & KING, PLLC
Bradley A. Hoppe, Esq.*
Jessica L. Copeland, Esq.*
Avant Building, Suite 900
200 Delaware Avenue
Buffalo, New York 14202-2292
(716) 416-7000
bhoppe@bsk.com
jcopeland@bsk.com
*Admitted pro hac vice
Attorneys for Plaintiffs PCT, LTD and
Paradigm Convergence Technologies,
Corporation and Third-Party Defendant
Darryl Leslie Patterson
RAYBURN COOPER & DURHAM, P.A.
s/ Ross R. Fulton
Ross R. Fulton (N.C. Bar No. 31538)
Rachel M. Buck (N.C. Bar No. 52604)
227 W. Trade St., Suite 1200
Charlotte, NC 28202
(704) 334-0891
(704) 377-1897 (fax)
rfulton@rcdlaw.net
rbuck@rcdlaw.net
CHRISTOPHER C. DREMANN, P.C.
Christopher C. Dremann (N.C. State Bar No.
19918)
11715 Ridgeway Park Drive
Charlotte, N.C. 28277
(828) 238-3791
cdremann@ccdpc.com
Attorneys for Defendants/Third Party Plaintiffs
Marion E. Paris, Jr., Clay Parker Sipes, and
Annihilare Medical Systems, Inc.
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Civil Action No. 3:20-CV-287-FDW-DCK
PCT, LTD and Paradigm Convergence Technologies Corporation,
Plaintiff,
v.
Marion E. Paris, Jr., Clay Parker Sipes, and
Annihilare Medical Systems, Inc.,
Defendants and Third-Party Plaintiffs,
v.
Darryl Leslie Patterson,
Third-Party Defendant.
JOINT NOTICE OF SETTLEMENT
NOW COMES all Parties in the above-captioned action, pursuant to the Court’s Standing Order Governing Civil Case Management, and hereby notify this Honorable Court that the Parties have reached an agreement in principle that will likely result in the settlement and dismissal of this action. In support thereof, the Parties show the Court as follows:
1. Pursuant to the Court’s Standing Order Governing Civil Case Management, No. 3:07-MC-47 (Doc. No. 2), “f at any time a settlement is reached it shall be reported immediately to the Court, in writing, together with a realistic target date by which the parties can have a formal stipulation of dismissal filed.”
2. The Parties have reached an agreement in principle, however the agreement is complex. The settlement in principle includes a licensing agreement that goes into the future, as well as other multifaceted terms, and it may take some time for the Parties to work out the details and precise language of the ultimate settlement agreement.
Case 3:20-cv-00287-FDW-DCK Document 67
Filed 02/02/21
3. The Parties expect it may take up to three weeks to fully consummate the settlement agreement and file a joint notice of dismissal.
4. If more than three weeks is needed to finalize the details of the settlement, the Parties will promptly notify the Court.
5. The Parties are committed to settlement and fully expect to file a joint notice of dismissal; however, neither Party can be certain the settlement discussions will be ultimately successful.
6. The Court’s Standing Order further provides that upon notification of settlement, “the Court will enter an Order nominally dismissing the case without prejudice to the right of any party to reopen it should the settlement not be consummated as contemplated.” Court’s Standing Order Governing Civil Case Management, No. 3:07-MC-47 (Doc. No. 2).
7. The Parties have no objection to the administrative dismissal of this case without prejudice to the right of any party to reopen it should the settlement not be consummated as contemplated.
8. The Parties will continue to work diligently toward finalizing the settlement and filing a joint notice of dismissal with the Court.
WHEREFORE the Parties hereby notify this Honorable Court that they have reached an agreement in principle and, if they are successful in negotiating the details of such settlement, expect to file a joint notice of dismissal within three weeks.
Case 3:20-cv-00287-FDW-DCK Document 67
Filed 02/02/21
Respectfully submitted this the 2d of February, 2021,
WOMBLE BOND DICKINSON (US) LLP
s/ Russ Ferguson
Russ Ferguson (N.C. Bar No. 39671)
301 S. College Street, Suite 3500
Charlotte, NC 28202
(704) 331-4920
Russ.Ferguson@wbd-us.com
BOND, SCHOENECK & KING, PLLC
Bradley A. Hoppe, Esq.*
Jessica L. Copeland, Esq.*
Avant Building, Suite 900
200 Delaware Avenue
Buffalo, New York 14202-2292
(716) 416-7000
bhoppe@bsk.com
jcopeland@bsk.com
*Admitted pro hac vice
Attorneys for Plaintiffs PCT, LTD and
Paradigm Convergence Technologies,
Corporation and Third-Party Defendant
Darryl Leslie Patterson
RAYBURN COOPER & DURHAM, P.A.
s/ Ross R. Fulton
Ross R. Fulton (N.C. Bar No. 31538)
Rachel M. Buck (N.C. Bar No. 52604)
227 W. Trade St., Suite 1200
Charlotte, NC 28202
(704) 334-0891
(704) 377-1897 (fax)
rfulton@rcdlaw.net
rbuck@rcdlaw.net
CHRISTOPHER C. DREMANN, P.C.
Christopher C. Dremann (N.C. State Bar No.
19918)
11715 Ridgeway Park Drive
Charlotte, N.C. 28277
(828) 238-3791
cdremann@ccdpc.com
Attorneys for Defendants/Third Party Plaintiffs
Marion E. Paris, Jr., Clay Parker Sipes, and
Annihilare Medical Systems, Inc.
