CytoSport, Inc. v. Vital Pharmaceuticals, Inc.

Filing 114

ORDER signed by Judge Frank C. Damrell, Jr on 12/7/2009 GRANTING STIPULATION and ORDERING that the Amended Answer, Affirmative Defenses, and Counterclaim,is deemed filed and served on the date of entry of this order; the Third Amended Complaint, is d eemed filed and served on the date of entry of this order; the discovery cut-off date is hereby extended from April 10, 2010, to July 31, 2010; the Motion To Amend Answer And Affirmative Defenses To StateCounterclaims 100 is taken off calendar as moot; and the parties shall have 20 days from on the date of enry of this order to respond to the amended pleadings. (Krueger, M)

Eisenberg Raizman Thurston & Wong llp Adam J. Thurston (SBN 162636) 10880 Wilshire Boulevard, Eleventh Floor Los Angeles, California 90024 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant VITAL PHARMACEUTICALS, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CYTOSPORT, INC., Plaintiff, vs. VITAL PHARMACEUTICALS, INC., Defendant. Case No. 2:08-cv-02632-FCD-GGH ORDER RE (1) MOTION TO AMEND ANSWER (#100); (2) LEAVE TO FILE THIRD AMENDED COMPLAINT AND AMEND ANSWER WITH COUNTERCLAIM; AND (3) EXTENSION OF DISCOVERY CUT-OFF DATE Disc. Cut-Off:April 10, 2010 Trial Date: None Set

The Court, having reviewed the parties' Stipulation Requesting Order Permitting Amendment Of The Pleadings (the "Stipulation), and good cause appearing therefor, hereby ORDERS as follows: 1. The Amended Answer, Affirmative Defenses, and Counterclaim, attached to the Stipulation as Exhibit 1, is deemed filed and served on the date of entry of this order; 2. 3. The Third Amended Complaint, attached to the Stipulation as Exhibit The discovery cut-off date is hereby extended from April 10, 2010, to 2, is deemed filed and served on the date of entry of this order;

July 31, 2010; 4. 4. The Motion To Amend Answer And Affirmative Defenses To State The parties shall have 20 days from on the date of enry of this order to Counterclaims (#100) is taken off calendar as moot; respond to the amended pleadings. IT IS SO ORDERED. DATED: December 7, 2009
_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

Presented by: Eisenberg Raizman Thurston & Wong LLP /s/ Adam J. Thurston Attorneys for Defendant VITAL PHARMACEUTICALS, INC. By:

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