Cloakworks, Inc v. Cloakware, Inc

Filing 53

STIPULATION AND ORDER TO FILE PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANT'S AMENDED ANSWER. Signed by Judge Alsup on October 30, 2008. (whalc1, COURT STAFF) (Filed on 10/30/2008)

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SPENCER HOSIE (CA Bar No. 101777) [e-mail] BRUCE WECKER (CA Bar No. 078530) [e-mail] GEORGE F. BISHOP (CA Bar No. 89205) [e-mail] HOSIE RICE LLP One Market, 22nd Floor San Francisco, CA 94105 [phone] Tel. [phone] Fax ROBERT J. YORIO (CA Bar No. 93178) [e-mail] CARR & FERRELL LLP 2200 Geng Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff CLOAKWORKS, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CLOAKWORKS, INC. Case No. CV 08-02044 WHA Plaintiff, v. CLOAKWARE, INC., Defendant. STIPULATED MOTION FOR LEAVE TO FILE (1) PLAINTIFF'S AMENDED COMPLAINT AND (2) DEFENDANT'S AMENDED ANSWER, AND [PROPOSED] ORDER

STIPULATED MOTION FOR (1) LEAVE TO FILE AMENDED COMPLAINT AND (2) LEAVE TO FILE AMENDED ANSWER AND [PROPOSED] ORDER

Case No. CV-08-02044 WHA

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Pursuant to Rules 15 of the Federal Rules of Civil Procedure and Civil Local Rule 7-12, Plaintiff Cloakworks, Inc. ("Plaintiff") and Defendant Cloakware Inc. ("Defendant") hereby stipulate through their respective counsel of record as follows: WHEREAS, under the Case Management Conference Order entered on October 16, 2008, "[l]eave to add any new parties or pleading amendment must be sought by October 30, 2008"; WHEREAS, Plaintiff seeks leave to amend its complaint solely to add a party defendant; WHEREAS, Defendant seeks leave to amend its answer solely to add an affirmative defense; NOW THEREFORE the parties through their undersigned counsel hereby stipulate and request that: (1) The Court grant leave to plaintiff to file its First Amended Complaint, a copy of which is attached hereto as Exhibit A; and (2) The Court grant leave to defendant to file its First Amended Answer, a copy of which is attached hereto as Exhibit B. IT IS SO STIPULATED Dated: October 30, 2008 WILMER CUTLER PICKERING HALE AND DORR By: _ /s/ Mark D. Selwyn_________________ Mark D. Selwyn Attorneys for Defendant Cloakware, Inc. Dated: October 30, 2008 HOSIE RICE LLP

/s/George F. Bishop By: ___________________________________ George F. Bishop Attorneys for Plaintiff Cloakworks, Inc.
STIPULATED MOTION FOR (1) LEAVE TO FILE AMENDED COMPLAINT AND (2) LEAVE TO FILE AMENDED ANSWER AND [PROPOSED] ORDER

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Case No. CV-08-02044 WHA

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STIPULATED MOTION FOR (1) LEAVE TO FILE AMENDED COMPLAINT AND (2) LEAVE TO FILE AMENDED ANSWER AND [PROPOSED] ORDER

I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic filing of this document has been obtained from the other signatories. DATED: October 30, 2008 /s/George F. Bishop _______________________________ George F. Bishop

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Case No. CV-08-02044 WHA

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STIPULATED MOTION FOR (1) LEAVE TO FILE AMENDED COMPLAINT AND (2) LEAVE TO FILE AMENDED ANSWER AND [PROPOSED] ORDER

[PROPOSED] ORDER Pursuant to the stipulation of the parties, it is hereby ORDERED that (1) plaintiff is granted leave to file its First Amended Complaint; and (2) defendant is granted leave to file its First Amended Answer, and the First Amended Complaint and First Amended Answer attached as Exhibits A and B, respectively, to the parties' stipulation are hereby deemed filed as of October 30, 2008. PURSUANT TO STIPULATION IT IS SO ORDERED
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Case No. CV-08-02044 WHA

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_____________________________ Honorable William H.ge William Alsup Alsup Jud United States District Judge
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October 30 November__, 2008

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