Filed: Mar. 19, 2013
Latest Update: Mar. 19, 2013
Summary: STIPULATION AND [PROPOSED] ORDER PERMITTING UNITED CUSTOM DISTRIBUTION, LLC TO AMEND ANSWER IN LIEU OF RESPONDING TO PLAINTIFFS' PROPOSED MOTION TO STRIKE WILLIAM H. ALSUP, District Judge. WHEREAS, Plaintiffs Innovation Ventures, LLC, Living Essentials, LLC, and International IP Holdings, LLC (collectively, "Living Essentials") filed and served its Second Amended Complaint on December 5, 2012; WHEREAS, defendant United Custom Distribution, LLC ("UCD") filed and served its Answer to the
Summary: STIPULATION AND [PROPOSED] ORDER PERMITTING UNITED CUSTOM DISTRIBUTION, LLC TO AMEND ANSWER IN LIEU OF RESPONDING TO PLAINTIFFS' PROPOSED MOTION TO STRIKE WILLIAM H. ALSUP, District Judge. WHEREAS, Plaintiffs Innovation Ventures, LLC, Living Essentials, LLC, and International IP Holdings, LLC (collectively, "Living Essentials") filed and served its Second Amended Complaint on December 5, 2012; WHEREAS, defendant United Custom Distribution, LLC ("UCD") filed and served its Answer to the S..
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STIPULATION AND [PROPOSED] ORDER PERMITTING UNITED CUSTOM DISTRIBUTION, LLC TO AMEND ANSWER IN LIEU OF RESPONDING TO PLAINTIFFS' PROPOSED MOTION TO STRIKE
WILLIAM H. ALSUP, District Judge.
WHEREAS, Plaintiffs Innovation Ventures, LLC, Living Essentials, LLC, and International IP Holdings, LLC (collectively, "Living Essentials") filed and served its Second Amended Complaint on December 5, 2012;
WHEREAS, defendant United Custom Distribution, LLC ("UCD") filed and served its Answer to the Second Amended Complaint on February 5, 2013;
WHEREAS, Living Essentials filed a motion to strike certain of the affirmative defenses raised by UCD in its Answer on March 1, 2013;
WHEREAS, UCD is required to file a response to Living Essentials' motion to strike no later than March 15, 2013; and
WHEREAS, Federal Rule of Civil Procedure 15(a)(2) permits UCD to amend its Answer upon Living Essentials' written consent; and
WHEREAS, the parties agree that the interests of judicial economy are best served by avoiding unnecessary motion practice;
WHEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that:
1) UCD need not respond to Living Essentials' motion to strike and that UCD will instead file and serve an Amended Answer to the Second Amended Complaint no later than March 25, 2013.
2) Living Essentials' motion to strike certain of the affirmative defenses raised in UCD's Answer is withdrawn without prejudice.
3) Living Essentials reserves all rights under the Federal Rules of Civil Procedure to respond to UCD's Amended Answer.
IT IS SO ORDERED.
