Filed: May 23, 2019
Latest Update: May 23, 2019
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED COMPLAINT AND HEARING HAYWOOD S. GILLIAM, JR. , District Judge . The parties hereby stipulate to the following: On February 28, 2019, Plaintiff filed a motion to amend its complaint. Dkt. 149. On March 14, 2019, Defendant opposed this motion. Dkt. 153. The Court scheduled a hearing for this motion for May 30, 2019. First Databank agrees to withdraw its opposition to Exeltis's motion to amend its complaint and stipulates to the fil
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED COMPLAINT AND HEARING HAYWOOD S. GILLIAM, JR. , District Judge . The parties hereby stipulate to the following: On February 28, 2019, Plaintiff filed a motion to amend its complaint. Dkt. 149. On March 14, 2019, Defendant opposed this motion. Dkt. 153. The Court scheduled a hearing for this motion for May 30, 2019. First Databank agrees to withdraw its opposition to Exeltis's motion to amend its complaint and stipulates to the fili..
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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED COMPLAINT AND HEARING
HAYWOOD S. GILLIAM, JR., District Judge.
The parties hereby stipulate to the following:
On February 28, 2019, Plaintiff filed a motion to amend its complaint. Dkt. 149.
On March 14, 2019, Defendant opposed this motion. Dkt. 153.
The Court scheduled a hearing for this motion for May 30, 2019.
First Databank agrees to withdraw its opposition to Exeltis's motion to amend its complaint and stipulates to the filing of the amended complaint under Rule 15.
In light of this stipulation, the parties consent to removing the hearing scheduled for May 30, 2019 from the Court's calendar.
By the upcoming summary judgment deadline, First Databank intends to file a motion for summary judgment addressing all claims in the amended complaint, in lieu of filing an answer or other motion.
Exeltis agrees that First Databank's summary judgment motion would serve as a timely response to the amended complaint.
DATED: May 23, 2019
Respectfully submitted,
By: /s/Ravi v. Sitwala
By: /s/Benjamin M. Mundel Ravi V. Sitwala (pro hac vice)
Benjamin M. Mundel (pro hac vice) THE HEARST CORPORATION
SIDLEY AUSTIN LLP 300 West 57th Street
1501 K St NW New York, New York 10019
Washington, DC 20005 Telephone: +1 212 649 2006
Telephone: +1 202 736 8157 Facsimile: +1 646 280 2006
Facsimile: +1 202 736 8711
Attorney for Exeltis USA, Inc. Attorney for First Databank, Inc.
SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing Stipulation and [Proposed] Order. In compliance with Local Rule 5-1(i)(3), I hereby attest that the other signatories have concurred in this filing.
DATED: May 23, 2019 SIDLEY AUSTIN LLP
By: /s/Benjamin M. Mundel
Benjamin M. Mundel
Attorney for Exeltis USA, Inc.
[PROPOSED] ORDER
Pursuant to the foregoing stipulation of the parties and good cause appearing, it is hereby ORDERED as followed:
1. Plaintiff's motion to amend its complaint, DKT 149 is GRANTED.
2. The hearing scheduled for May 30, 2019 is vacated
PURSUANT TO STIPULATION, IT IS SO ORDERED.
