Filed: May 06, 2014
Latest Update: May 06, 2014
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS' JOINT MOTION TO DISMISS AND EXTENDING TIME TO FILE FIRST AMENDED COMPLAINT RICHARD SEEBORG, District Judge. Plaintiffs and Defendants, through the undersigned counsel, request that the Court enter the following order to continue the hearing date and briefing dates on Defendants' Joint Motion to Dismiss, extend Plaintiff's time to file a first amended complaint, and extend Defendants' time to answer or otherwise respond to
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS' JOINT MOTION TO DISMISS AND EXTENDING TIME TO FILE FIRST AMENDED COMPLAINT RICHARD SEEBORG, District Judge. Plaintiffs and Defendants, through the undersigned counsel, request that the Court enter the following order to continue the hearing date and briefing dates on Defendants' Joint Motion to Dismiss, extend Plaintiff's time to file a first amended complaint, and extend Defendants' time to answer or otherwise respond to ..
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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS' JOINT MOTION TO DISMISS AND EXTENDING TIME TO FILE FIRST AMENDED COMPLAINT
RICHARD SEEBORG, District Judge.
Plaintiffs and Defendants, through the undersigned counsel, request that the Court enter the following order to continue the hearing date and briefing dates on Defendants' Joint Motion to Dismiss, extend Plaintiff's time to file a first amended complaint, and extend Defendants' time to answer or otherwise respond to that first amended complaint.
WHEREAS, on October 25, 2013, Ingram Micro Inc. and Synnex Corporation (together, "Plaintiffs") filed a Complaint for Damages and Injunctive Relief, No. 3:13-cv-05372-RS (Dkt. No. 1) (the "Complaint");
WHEREAS, on April 17, 2014, Defendants filed a Joint Motion to Dismiss the Complaint, No. 3:13-cv-05372-RS (Dkt. No. 24) ("Defendants' Motion");
WHEREAS, the hearing on Defendants' Motion is currently set for July 10, 2014;
WHEREAS, pursuant to the Stipulation and Order Regarding Service of Process entered by the Court on January 24, 2014 (No. 3:13-cv-05372-RS (Dkt. No. 18)), Plaintiffs and Defendants were to present an agreed-upon briefing schedule to the Court no later than May 1, 2014, under which Plaintiffs would not be required to respond to Defendants' Motion before June 16, 2014;
WHEREAS, in lieu of responding to Defendant's Motion, Plaintiffs wish to amend their Complaint;
WHEREAS, Plaintiffs' current deadline to amend their Complaint as a matter of course under Federal Rule of Civil Procedure 15(a)(1) is May 8, 2014;
NOW, THEREFORE, it is stipulated by and between the undersigned parties, by their respective attorneys, that:
1. Plaintiffs' deadline to amend the Complaint is extended to June 16, 2014. Any such amendment of the Complaint will constitute the Plaintiffs' one amendment as a matter of course under Federal Rule of Civil Procedure 15(a)(1).
2. If Plaintiffs file a first amended complaint on or before June 16, 2014:
A. Defendants' Motion shall be withdrawn as moot and the hearing on Defendants' Motion vacated.
B. Defendants shall have forty-five (45) days from the filing of such first amended complaint to respond thereto. To the extent any Defendant or Defendants move to dismiss such first amended complaint, the parties shall work in good faith to reach an agreed-upon briefing schedule that they shall present to the Court no later than fourteen (14) days after the filing of the motion.
3. If Plaintiffs fail to file a first amended complaint on or before June 16, 2014, Plaintiffs' opposition to Defendants' Motion shall be due on June 20, 2014, and the parties shall work in good faith to reach an agreed-upon schedule for Defendants' reply in support of Defendants' Motion and for the hearing on Defendants' Motion. The hearing on Defendants' Motion shall be continued until such time as may be set pursuant to such agreement.
IT IS SO STIPULATED.
Respectfully submitted,
PURSUANT TO STIPULATION, IT IS SO ORDERED.
