Welenco, Inc. v. Corbell, et al.,

Filing 22

STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 7/23/13 ORDERING that Plaintiff shall file the First Amended Complaint attached hereto as Exhibit 1 within two (2) court days of the Court's signature of the Order.(Mena-Sanchez, L)

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1 2 3 4 MILLSTONE PETERSON & WATTS, LLP Glenn W. Peterson, Esq. (SBN 126173) Stephen R. Hamilton, Esq. (SBN 243787) 2267 Lava Ridge Court, Suite 210 Roseville, CA 95661 Telephone: (916) 780-8222 Fax No: (916) 780-8775 5 6 Attorneys for Plaintiffs Welenco, Inc. and Water Well Technology, Inc. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA WELENCO, INC., a California Corporation and ) Case No. 2:13-cv-00287-KJM-CKD ) WATER WELL TECHNOLOGY, INC., a ) STIPULATION AND ORDER RE FILING California Corporation, ) AMENDED COMPLAINT ) __ Plaintiff, ) vs. ) ) Honorable Kimberly J. Mueller ) GARY W. CORBELL, individually and as Trustee of THE GARY AND CONSTANCE ) Complaint Filed: February 14, 2013 Not Set CORBELL TRUST U/T/D AUGUST 31, 1998; ) Trial Date: ) CRAIG G. CORBELL; MARK SHARLPESS; ) BOREDATA INCORPORATED, a California ) Corporation, INC., and DOES 1 through 25, ) ) inclusively, ) ) Defendants. ) ) MARK SHARPLESS, an individual, ) ) Counter-Complainant, ) vs. ) ) WELENCO, INC., a California Corporation. ) ) ) Counter-Defendants. ) CRAIG G. CORBELL, an individual, ) ) Cross-Complainant, ) vs. ) ) ) STIPULATION AND ORDER RE FILING AMENDED COMPLAINT 1 WELENCO, INC., a California Corporation, and ROES 1 through 50, inclusively, ) ) ) ) ) 2 Cross-Defendants. 3 4 IT IS HEREBY STIPULATED between parties through counsel of record, Plaintiffs 5 Welenco, Inc. and Water Well Technology, Inc., represented by their attorney of record, Glenn W. 6 Peterson, Defendant Mark Sharpless, through his attorney of record, Frank Crum, Defendants Craig 7 Corbell and Boredata, Inc., through their attorney of record, N. Thomas McCartney, and Defendant 8 Gary W. Corbell, through his attorneys of record, Clifford & Brown, Richard G. Zimmer and T. 9 Mark Smith that Plaintiffs are granted leave to file a First Amended Complaint. The Parties to this 10 stipulation agree that defendants shall reserve the right to file any FRCP Rule 12(b) challenge to the 11 First Amended Complaint. Further, this stipulation shall not constitute a waiver of objections to the 12 jurisdiction or venue of this Court in the action. 13 14 Plaintiff shall file the First Amended Complaint attached hereto as Exhibit “1” within two (2) court days of the Court’s signature of the Order. 15 16 IT IS SO STIPULATED. 17 DATED: July 23, 2013 MILSTONE, PETERSON & WATTS, LLP Attorneys at Law 18 19 By: 20 /s/ GLENN W. PETERSON GLENN W. PETERSON Attorneys for Plaintiffs Welenco, Inc. and Water Well Technology, Inc. 21 22 23 DATED: July 23, 2013 THE LAW OFFICE OF FRANK J. CRUM 24 25 26 27 By: /s/ FRANK CRUM FRANK CRUM (AS AUTHORIZED ON JULY 17, 2013) Attorneys for Defendant Mark Sharpless 28 -2STIPULATION AND ORDER RE FILING AMENDED COMPLAINT 1 DATED: July 23, 2013 MCCARTNEY GANONG LAW LLP 2 By: 3 4 5 /s/ N. THOMAS MCCARTNEY N. THOMAS MCCARTNEY (AS AUTHORIZED ON JULY 17, 2013) Attorneys for Defendants Craig Corbell and Boredata, Inc. 6 7 DATED: July 23, 2013 8 CLIFFORD & BROWN A Professional Corporation 9 By: 10 11 12 /s/ T. MARK SMITH T. MARK SMITH (AS AUTHORIZED ON JULY 17, 2013) Attorneys for Defendant Gary W. Corbell 13 14 15 IT IS SO ORDERED 16 17 Dated: July 23, 2013. UNITED STATES DISTRICT JUDGE 18 19 20 I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. 21 MILLSTONE PETERSON & WATTS, LLP /s/ Glenn W. Peterson 22 23 24 25 26 27 28 -3STIPULATION AND ORDER RE FILING AMENDED COMPLAINT

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