US InterLoc Matting, Inc. v. Macro Plastics, Inc.

Filing 12

STIPULATION and ORDER signed by District Judge John A. Mendez on 8/22/17 ORDERING that Counterclaimant Macro Plastics, Inc. is GRANTED leave of court to file its First Amended Counterclaim. IT IS FURTHER ORDERED that Counter defendant U.S. Interloc Matting, Inc. shall file its Answer to the First Amended Counterclaim within 20 days after the First Amended Counterclaim is filed. IT IS FURTHER ORDERED that the First Amended Counterclaim is deemed filed as of the date this Order is transmitted to the parties via the CM/ECF system. (Mena-Sanchez, L)

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Michael K. Iwahiro, SBN 125257
John S. Knowlton, SBN 143517
Michael S. Wilcox, SBN 215269
THE BURTON LAW FIRM
400 Capitol Mall, Suite 1850
Sacramento, California 95814
Telephone: [phone]
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Defendant and Counter-claimant
MACRO PLASTICS, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 US INTERLOC MATTING, INC., a California
corporation,
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Plaintiff,
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vs.

15 MACRO PLASTICS, INC., a California
corporation; and DOES 1 through 10, inclusive,
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Defendants.
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Case No.: 2:17 -cv- 0733-JAM-DB
STIPULATION AND ORDER FOR
LEAVE OF COURT TO MACRO
PLASTICS, INC. TO FILE FIRST
AMENDED COUNTERCLAIM AND TO
US INTERLOC MATTING, INC. TO
FILE FIRST AMENDED ANSWER
THERETO

18 MACRO PLASTICS, INC., a California
corporation,
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Counter-claimant,
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vs.
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US INTERLOC MATTING, INC., a California
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Counter-defendant.

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To the Honorable Court and to counsel and all parties of record herein:

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STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO
FILE FIRST AMENDED COUNTERCLAIM

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WHEREAS on February 22, 2016 Plaintiff US Interloc Matting, Inc. (“USI”) filed its

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California State Court Complaint for Breach of the Implied Covenant of Good Faith & Fair

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Dealing (causes of action 1 through 3), Common Count: Goods and Services Rendered,

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Quantum Meruit, Violation of California’s Unfair Trade Practices Act, and Declaratory Relief.

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Plaintiff’s Complaint was filed in the Superior Court of the State of California, County of

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Solano, case number FCS 048429 (herein the “Complaint”); and

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WHEREAS on or about April 3, 2017 Macro Plastics, Inc. (herein “MPI”) filed its

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Notice of Removal of Civil Action, removing Solano County Superior Court action from state

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court to the United States District Court, Eastern District of California; and

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WHEREAS on or about April 7, 2017, MPI filed its Answer and Affirmative Defenses

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to the Complaint (herein “Answer to Complaint”) and concurrently also, as a Counterclaimant,

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filed its Counterclaim against USI for Trademark Infringement, Service Mark Infringement,

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Copyright Infringement, Lanham Act Misrepresentations, Breach of Contract, Unfair

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Competition and Declaratory Relief (herein “Counterclaim”); and

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WHEREAS on or about April 28, 2017 USI filed its Answer to Macro Plastic, Inc.’s
Counterclaim (herein “Answer to Counterclaim”); and

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WHEREAS subsequent to the filing of MPI’s Counterclaim it was determined that a

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claim MPI wishes to assert was inadvertently omitted, and a new proposed First Amended

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Counterclaim was then drafted (herein “First Amended Counterclaim”). The proposed First

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Amended Counterclaim adds an additional claim of breach of contract to its Fifth Cause of

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Action, and a related count (8th Cause of Action) for Open Book Account. A true and correct

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copy of the marked and edited version of the proposed First Amended Counterclaim is attached

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hereto as Exhibit 1. A full, complete and unmarked version of the First Amended Counterclaim,

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with all supporting exhibits to it, is attached hereto as Exhibit 2; and

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WHEREAS the parties, by and through their counsel of record, have in good faith meet

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and conferred about the filing of the proposed First Amended Counterclaim, and to allow

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Counter-defendant USI the ability to file an Answer to the First Amended Counterclaim (herein

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“Answer to the First Amended Counterclaim”).
–2–

STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO
FILE FIRST AMENDED COUNTERCLAIM

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WHEREFORE, it is hereby stipulated by all parties herein by and through their
respective counsel of record that:

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1. The proposed amendments arise out of the same transactions and are part of the same
subject matter alleged in the Complaint;
2. The proposed amendments do not require adding another party over whom the court
cannot acquire jurisdiction;
3. Rule 15 of the Federal Rules of Civil Procedure permit parties to amend their
pleading with the opposing party’s consent or with leave of court;
4. Rule 15 further provides that the court should freely provide leave when justice so
requires.
5. Justice supports granting MPI leave to file its First Amended Counterclaim, a true
and correct copy of which is attached as Exhibit 1.
6. Counter defendant USI should be given 20 days after filing and service of the First
Amended Counterclaim to file its Answer thereto.

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IT IS SO STIPULATED.

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DATED: August 21, 2017
DIEPENBROCK ELKIN GLEASON LLP

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By

/s/ David A. Diepenbrock
David A. Diepenbrock

Attorneys for Plaintiff and Counter defendant,
U.S. INTERLOC MATTING, INC.

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STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO
FILE FIRST AMENDED COUNTERCLAIM

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DATED: August 21, 2017

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THE BURTON LAW FIRM

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By

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/s/ John S. Knowlton
John S. Knowlton

Attorneys for Defendant and Counterclaimant,
MACRO PLASTICS, INC.

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ORDER
The Court having reviewed the foregoing Stipulation by and among the parties, and
good cause appearing therefore:
IT IS HEREBY ORDERED that Counterclaimant Macro Plastics, Inc. is granted leave
of court to file its First Amended Counterclaim, a copy of which is attached hereto as Exhibit 1.
IT IS FURTHER ORDERED that Counter defendant U.S. Interloc Matting, Inc. shall
file its Answer to the First Amended Counterclaim within 20 days after the First Amended
Counterclaim is filed.
IT IS FURTHER ORDERED that the First Amended Counterclaim is deemed filed as
of the date this Order is transmitted to the parties via the CM/ECF system.

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IT IS SO ORDERED.

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Dated: 8/22/2017

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/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO
FILE FIRST AMENDED COUNTERCLAIM