Filed: Apr. 10, 2018
Latest Update: Apr. 10, 2018
Summary: STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT STIPULATION HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiff PACE Anti-Piracy, Inc. ("Plaintiff") and defendants Inside Secure S.A. and Inside Secure Corp. ("Defendants") by, and through their respective counsel, jointly stipulate as follows: WHEREAS, Plaintiff filed the instant action on October 12, 2017; WHEREAS, on December 26, 2017, Defendants filed a motion to dismiss, which is now fully briefed; WHEREAS, on February 7, 2018,
Summary: STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT STIPULATION HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiff PACE Anti-Piracy, Inc. ("Plaintiff") and defendants Inside Secure S.A. and Inside Secure Corp. ("Defendants") by, and through their respective counsel, jointly stipulate as follows: WHEREAS, Plaintiff filed the instant action on October 12, 2017; WHEREAS, on December 26, 2017, Defendants filed a motion to dismiss, which is now fully briefed; WHEREAS, on February 7, 2018, ..
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STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT STIPULATION
HAYWOOD S. GILLIAM, JR., District Judge.
Plaintiff PACE Anti-Piracy, Inc. ("Plaintiff") and defendants Inside Secure S.A. and Inside Secure Corp. ("Defendants") by, and through their respective counsel, jointly stipulate as follows:
WHEREAS, Plaintiff filed the instant action on October 12, 2017;
WHEREAS, on December 26, 2017, Defendants filed a motion to dismiss, which is now fully briefed;
WHEREAS, on February 7, 2018, the Court issued an order (Dkt. 53) setting the deadline for amending pleadings and joining parties for April 9, 2018;
WHEREAS, Plaintiff intends to file a First Amended Complaint to assert two additional causes of action of induced infringement and contributory infringement (Attached hereto as Exhibit 1);
WHEREAS, FRCP Rule 15(a)(2) permits a party to amend its pleading with the opposing party's written consent or the court's leave;
WHEREAS, Defendants do not oppose or object to the filing of the First Amended Complaint;
WHEREAS, the filing of the First Amended Complaint does not affect the issues raised by Defendants' pending motion, which, if granted, would result in dismissal of all causes of action in the First Amended Complaint;
NOW IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants, through their undersigned counsel of record, that:
1. Plaintiff may file its First Amended Complaint; and
2. Defendants do not need to re-file their pending motion to dismiss or otherwise respond to the First Amended Complaint prior to the resolution of that motion.
IT IS SO STIPULATED
ATTESTATION OF E-FILED SIGNATURE
Pursuant to Local Rule 5-1(i)(3), I hereby certify that I have obtained the concurrence in the filing of this document from all signatories for whom a signature is indicated by a "conformed" signature (/s/) within this electronically filed document and I have on file records to support this concurrence for subsequent production to the Court if so ordered or for inspection upon request.
John V. Picone III
Attorney for Plaintiff
PACE Anti-Piracy, Inc.
ORDER
Pursuant to FRCP Rule 15, the Court's February 7, 2018 scheduling order, stipulation of the parties, and good cause appearing therefore, the Plaintiff is hereby granted leave to file its First Amended Complaint.
IT IS SO ORDERED.
