Filed: Jun. 26, 2015
Latest Update: Jun. 26, 2015
Summary: STIPULATION AND ORDER RE: TAKING MOTIONS TO DISMISS OFF CALENDAR AND FILING OF AMENDED COMPLAINT CHARLES R. BREYER , District Judge . RECITALS WHEREAS, on March 25, 2015, Plaintiff JD Brothers LLC ("JD Brothers") filed its complaint in this action and Defendants were served and filed motions to dismiss, which are fully briefed and set for hearing on July 17, 2015; WHEREAS, there is also a Case Management Conference set for July 17, 2015; WHEREAS, the law firm of Cotchett, Pitre & M
Summary: STIPULATION AND ORDER RE: TAKING MOTIONS TO DISMISS OFF CALENDAR AND FILING OF AMENDED COMPLAINT CHARLES R. BREYER , District Judge . RECITALS WHEREAS, on March 25, 2015, Plaintiff JD Brothers LLC ("JD Brothers") filed its complaint in this action and Defendants were served and filed motions to dismiss, which are fully briefed and set for hearing on July 17, 2015; WHEREAS, there is also a Case Management Conference set for July 17, 2015; WHEREAS, the law firm of Cotchett, Pitre & Mc..
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STIPULATION AND ORDER RE: TAKING MOTIONS TO DISMISS OFF CALENDAR AND FILING OF AMENDED COMPLAINT
CHARLES R. BREYER, District Judge.
RECITALS
WHEREAS, on March 25, 2015, Plaintiff JD Brothers LLC ("JD Brothers") filed its complaint in this action and Defendants were served and filed motions to dismiss, which are fully briefed and set for hearing on July 17, 2015;
WHEREAS, there is also a Case Management Conference set for July 17, 2015; WHEREAS, the law firm of Cotchett, Pitre & McCarthy LLP was retained after JD
Brothers filed its opposition to the motions to dismiss and, on June 15, 2015, the firm filed an Association of Counsel and Notices of Appearance for Joseph W. Cotchett and Nancy L. Fineman; and
WHEREAS, at a Rule 26(f) conference on June 19, 2015 and in subsequent communications between the parties, the parties agreed that it would be more efficient for JD Brothers to file an amended complaint than to await the Court's decision on the pending motions to dismiss, and that the Case Management Conference set for July 17, 2015 should be taken off calendar;
NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among all parties, through their undersigned counsel of record, and subject to the approval of this Court that:
1. The hearing on Defendants' motions to dismiss, which is currently set for July 17, 2015, be taken off calendar and not decided by this Court;
2. Plaintiff's Amended Complaint may be filed no later than July 27, 2015;
3. Defendants' Responses to the Amended Complaint may be filed no later than August 31, 2015;
4. The Case Management Conference currently set for July 17, 2015 be taken off calendar and reset to another date convenient to the Court's calendar.
IT IS SO STIPULATED.
ATTESTATION OF FILING
I, Nancy L. Fineman, hereby attest, pursuant to Northern District of California, Local Rule 5-1(i)(3) that concurrence to the filing of this document has been obtained from each signatory hereto.
ORDER
PURSUANT TO STIPULATION OF THE PARTIES AND GOOD CAUSE APPEARING:
1. The hearing on Defendants' motions to dismiss, which is currently set for July 17, 2015, is taken off calendar and the motions will not be decided by this Court;
2. Plaintiff may file an Amended Complaint no later than July 27, 2015;
3. Defendants may respond to the Amended Complaint no later than August 31, 2015;
4. The Case Management Conference currently set for July 17, 2015 is taken off calendar and will be reset to another date convenient to the Court's calendar.
IT IS SO ORDERED.
