Filed: Jul. 10, 2014
Latest Update: Jul. 10, 2014
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING SECOND AMENDED COMPLAINT PAUL S. GREWAL, Magistrate Judge. WHEREAS, Oracle America, Inc. filed its Complaint on July 19, 2013 against TERiX Computer Company, Inc. ("Terix") and Maintech Incorporated ("Maintech"); WHEREAS, Oracle America, Inc. and Oracle International Corporation (collectively, "Oracle") filed the First Amended Complaint on March 24, 2014, and a Corrected First Amended Complaint on March 27, 2014, against TERiX, Maintech, Volt D
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING SECOND AMENDED COMPLAINT PAUL S. GREWAL, Magistrate Judge. WHEREAS, Oracle America, Inc. filed its Complaint on July 19, 2013 against TERiX Computer Company, Inc. ("Terix") and Maintech Incorporated ("Maintech"); WHEREAS, Oracle America, Inc. and Oracle International Corporation (collectively, "Oracle") filed the First Amended Complaint on March 24, 2014, and a Corrected First Amended Complaint on March 27, 2014, against TERiX, Maintech, Volt De..
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STIPULATION AND [PROPOSED] ORDER REGARDING SECOND AMENDED COMPLAINT
PAUL S. GREWAL, Magistrate Judge.
WHEREAS, Oracle America, Inc. filed its Complaint on July 19, 2013 against TERiX Computer Company, Inc. ("Terix") and Maintech Incorporated ("Maintech");
WHEREAS, Oracle America, Inc. and Oracle International Corporation (collectively, "Oracle") filed the First Amended Complaint on March 24, 2014, and a Corrected First Amended Complaint on March 27, 2014, against TERiX, Maintech, Volt Delta Resources, LLC, ("Volt Delta), Sevanna Financial, Inc. ("Sevanna"), and West Coast Computer Exchange, Inc. ("WEX") (collectively, "Defendants");
WHEREAS, Terix, Maintech and Volt Delta filed Counterclaims against Oracle on April 14, 2014;
WHEREAS, Oracle filed a Notice and Motion for Leave to File the Second Amended Complaint on June 30, 2014;
WHEREAS, the hearing on Oracle's Motion for Leave to File the Second Amended Complaint is currently set for August 5, 2014 at 10:00 am;
WHEREAS, Terix, Maintech and Volt Delta may wish to amend their Counterclaims related to new material alleged in the proposed Second Amended Complaint;
WHEREAS, the Parties have met and conferred regarding Oracle's Motion for Leave to File the Second Amended Complaint and Terix, Maintech and Volt Delta's proposal to amend their Counterclaims;
NOW, THEREFORE, the parties hereby stipulate and agree, and ask the Court to order, as follows:
1. Oracle may file the Second Amended Complaint within five days of the date the Court approves this stipulation and proposed order;
2. Oracle will promptly produce the application and deposit materials associated with the Oracle System Firmware registered works referenced in the Second Amended Complaint; and
3. Oracle agrees that Terix, Maintech and Volt Delta may amend their Counterclaims related to the new material in the Second Amended Complaint on the following schedule:
a. Defendants shall provide a copy to Oracle of their proposed amended Counterclaims within two weeks of receiving the materials in paragraph 2 above.
b. Oracle shall have up to five days to review the proposed amended Counterclaims.
c. If Oracle has no objection to the scope of the proposed amended Counterclaims, Oracle will stipulate to their filing.
4. The hearing regarding Oracle's Motion for Leave to File the Second Amended Complaint currently set for August 5, 2014 at 10:00 am is vacated.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
