Macrotron Systems Inc v. FICO B.V. et al

Filing 32

STIPULATION AND ORDER: Motions to dismiss deemed withdrawn; Parties BESI and BE are dismissed with prejudice; Amended complaint to be filed within seven days (awb, COURT-STAFF) (Filed on 11/25/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEREK A. ELETICH, CAL. BAR NO. 193393 derek@eletichlaw.com KYMBERLEIGH N. KORPUS, CAL. BAR NO. 217459 kymberleigh@eletichlaw.com LAW OFFICE OF DEREK A. ELETICH 155 Forest Avenue Palo Alto, CA 94301-1615 Telephone: (650) 543-5477 Facsimile: (650) 429-2028 Attorneys for Plaintiff MACROTRON SYSTEMS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division MACROTRON SYSTEMS, Plaintiff, v. FICO B.V., et al, Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. C-08-04476-MHP STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFF'S FIRST AMENDED COMPLAINT STIPULATION AND ORDER RE DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFF'S FIRST AMENDED COMPLAINT Case No. C-08-04476-MHP 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Court; WHEREAS, on January 9, 2008, Plaintiff filed a Complaint for Breach of Contract and Fraud (the "Complaint") against Defendants FICO B.V. ("FICO"), BESI NORTH AMERICA, INC. ("BESI") and BE SEMICONDUCTOR INDUSTRIES N.V. ("BE") (collectively, "Defendants") in Alameda County Superior Court; WHEREAS, on September 24, 2008, Defendants removed the Complaint to this WHEREAS, Defendants BESI and BE filed Motions to Dismiss for Lack of Personal Jurisdiction, which are set for hearing on December 15, 2008; WHEREAS, FICO filed a Motion to Dismiss Plaintiff's Second Cause of Action for Fraud and Deceit, which is also set for hearing on December 15, 2008; WHEREAS, on November 24, 2008, Plaintiff agreed to file a First Amended Complaint for Breach of Contract and Fraud pleading fraud with more specificity and to also dismiss BESI and BE from this action; IT IS HEREBY STIPULATED AND AGREED as follows: 1. 2. 3. Defendants Motions to Dismiss are hereby withdrawn; BESI and BE are hereby dismissed with prejudice; BESI and BE waive any and all attorneys' fees and/or costs incurred in this action or the Alameda County Superior Court action that was removed; and 4. Plaintiff shall file a First Amended Complaint for Breach of Contract and Fraud pleading fraud with more specificity within seven (7) days after the Court signs this order. IT IS SO STIPULATED. Dated: November 24, 2008 LAW OFFICE OF DEREK A. ELETICH /s/ Derek A. Eletich By:________________________________________ DEREK A. ELETICH Attorney for Plaintiff MACROTRON SYSTEMS, INC. 2 STIPULATION AND ORDER RE DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFF'S FIRST AMENDED COMPLAINT Case No. C-08-04476-MHP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 24, 2008 WILMER, CUTLER, PICKERING, HALE and DORR LLP /s/ Keith L. Slenkovich By:________________________________________ KEITH L. SLENKOVICH Attorney for Defendants FICO B.V., BESI NORTH AMERICA, INC. and BE SEMICONDUCTOR INDUSTRIES N.V. PURSUANT TO STIPULATION, IT IS SO ORDERED. 11/25/2008 Dated:____________________ UNIT ED __________________________________________ HON. MARILYN HALL PATEL S S DISTRICT TE C TA ER N F D IS T IC T O R 3 STIPULATION AND ORDER RE DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFF'S FIRST AMENDED COMPLAINT Case No. C-08-04476-MHP A C LI FO Ju rilyn H dge Ma . Patel R NIA O OR IT IS S DERED RT U O NO RT H

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