Filed: Dec. 11, 2018
Latest Update: Dec. 11, 2018
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFF'S COMPLAINT ELIZABETH D. LAPORTE , District Judge . RECIPROCATING INTELLIGENCE CORP., a California C Corporation, ("Rintel" or "Plaintiff"), acting by and through its counsel of record and Defendants MA INDUSTRIES, INC., ("MAI") and MEL ARBIT ("Arbit") (Arbit and MAI are collectively referred to herein as "Defendants") acting by and through their counsel of record (Plaintiff and Defendants are collectively referred to herein as the "Parti
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFF'S COMPLAINT ELIZABETH D. LAPORTE , District Judge . RECIPROCATING INTELLIGENCE CORP., a California C Corporation, ("Rintel" or "Plaintiff"), acting by and through its counsel of record and Defendants MA INDUSTRIES, INC., ("MAI") and MEL ARBIT ("Arbit") (Arbit and MAI are collectively referred to herein as "Defendants") acting by and through their counsel of record (Plaintiff and Defendants are collectively referred to herein as the "Partie..
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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFF'S COMPLAINT
ELIZABETH D. LAPORTE, District Judge.
RECIPROCATING INTELLIGENCE CORP., a California C Corporation, ("Rintel" or "Plaintiff"), acting by and through its counsel of record and Defendants MA INDUSTRIES, INC., ("MAI") and MEL ARBIT ("Arbit") (Arbit and MAI are collectively referred to herein as "Defendants") acting by and through their counsel of record (Plaintiff and Defendants are collectively referred to herein as the "Parties") hereby enter into this Stipulation Regarding Plaintiffs Complaint ("Stipulation"), as follows:
RECITALS
1. Rintel filed its Complaint commencing the above-captioned litigation on August 9, 2018.
2. The Parties agree to strike certain portions of the Complaint and damages sought therein as to MAI and Arbit and stipulate as follows.
AGREEMENT
The Parties hereby stipulate and agree as follows:
3. The Parties acknowledge the above recitals are accurate and true.
4. The Parties agree that the Fourth Cause of Action for Breach of Fiduciary Duty and Twelfth Cause Action for Civil Conspiracy are to be struck only as to Mel Arbit as an individual;
5. The Parties agree that Plaintiff will not seek from Arbit and MAI attorneys' fees sought in Plaintiffs Fourth (Breach of Fiduciary Duty), Fifth (Tortious Interference with Prospective Economic Advantage), Eighth (Fraud), Ninth (Intentional Misrepresentation), Tenth (Negligent Misrepresentation), Eleventh (Interference with Economic Advantage), Twelfth (Civil Conspiracy), and Thirteenth (Aiding and Abetting) causes of action;
6. The Parties Agree that Plaintiff will not seek from Arbit and MAI punitive damages sought in Plaintiffs Tenth (Negligent Misrepresentation) Cause of Action; and
7. Defendants MAI and Arbit are to file and serve an Answer to the Complaint within 21 days of Plaintiff's filing of this instant Stipulation.
ORDER
Having considered the Stipulation and for good cause showing:
IT IS SO ORDERED that the foregoing Stipulation is incorporated herein and made an order of this Court.
