Maltz Associates, L.P. v. Hewitt Associates, LLC.

Filing 23

STIPULATION AND ORDER re 20 FOR LEAVE TO FILE AMENDMENT TO COMPLAINT (exhibit A) and Defendant's answer filed on 10/10/2008 shall be the answer to the Complaint as so amended filed by Maltz Associates, L.P. Signed by Judge Vaughn R Walker on 2/5/2009. (cgk, COURT STAFF) (Filed on 2/5/2009)

Case 3:08-cv-04626-VRW

Document 20

Filed 02/04/2009

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KENNETH G. HAUSMAN (No. 57252) JOHN P. DUCHEMIN (No. 250501) HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: [phone] Facsimile: 415/217-5910 Attorneys for Plaintiff MALTZ ASSOCIATES, L.P. CINDY HAMILTON GREENBERG TRAURIG, LLP 1900 University Avenue, 5th Floor East Palo Alto, California 94303 Telephone: [phone] Facsimile: 650/328-8508 GREGORY J. CASAS (Admitted Pro Hac Vice) GREENBERG TRAURIG, LLP 1000 Louisiana Street, Suite 1700 Houston, Texas 77002 Telephone: [phone] Facsimile: 713/374-3505 Attorneys for Defendant HEWITT ASSOCIATES LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MALTZ ASSOCIATES, L.P. , Plaintiff, v. HEWITT ASSOCIATES LLC, Defendant.

No. C 08-04626-VRW Action Filed: October 6, 2008 STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE AMENDMENT TO COMPLAINT

STIP. & ORDER FOR LEAVE TO FILE AMENDMENT TO COMPLAINT CV 08-04626-VRW

Case 3:08-cv-04626-VRW

Document 20

Filed 02/04/2009

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It is stipulated by and between Plaintiff Maltz Assosciates, L.P. ("MALP") and Defendant Hewitt Associates LLC ("Hewitt"), through their counsel of record, as follows: MALP filed its Judicial Council form complaint ("Complaint") in California state court on September 5, 2008, Hewitt removed the action to federal court on October 6, 2008, and Hewitt filed its answer ("Answer") to the Complaint on October 10, 2008; In the fourth sentence of the third paragraph of Exhibit BC-1 to the Complaint, MALP alleged that MALP principal Scott Maltz sent an e-mail dated November 7, 2006 to Nancy Carracher of Hewitt on November 7, 2002; and That date was a typographical error and the correct date Scott Maltz sent the November 7, 2006 e-mail to Nancy Carracher is November 7, 2006; MALP and Hewitt agree that the Complaint may be deemed amended to substitute the year "2006" in place of "2002" in the fourth sentence of the third paragraph of Exhibit BC-1 of the Complaint, and that the Answer shall be deemed the answer to the Complaint as so amended. DATED: February 4, 2009. Respectfully, KENNETH G. HAUSMAN JOHN P. DUCHEMIN HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation By: /s/Kenneth G. Hausman KENNETH G. HAUSMAN

Attorneys for Plaintiff MALTZ ASSOCIATES, L.P. DATED: February 4, 2009. GREGORY J. CASAS CINDY HAMILTON GREENBERG TRAURIG, LLP By: /s/ Gregory J. Casas GREGORY J. CASAS

Attorneys for Defendant HEWITT ASSOCIATES LLC
-1STIP. & ORDER FOR LEAVE TO FILE AMENDMENT TO COMPLAINT CV 08-04626-VRW

Case 3:08-cv-04626-VRW

Document 20

Filed 02/04/2009

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ATTESTATION
I, Kenneth G. Hausman, am the ECF User whose identification and password are being used to file this Stipulation And [Proposed] Order For Leave To File Amendment To Complaint. In compliance with General Order 45.X.B, I hereby attest that Gregory J. Casas has concurred in this filing.

DATED: February 4, 2009.

HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN, A Professional Corporation By: /s/Kenneth G. Hausman KENNETH G. HAUSMAN

Attorneys for Plaintiff MALTZ ASSOCIATES, L.P. ORDER Based on the Stipulation of the parties through counsel and good cause appearing

IT IS HEREBY ORDERED that leave is granted to Plaintiff to file the Amendment to the Complaint attached hereto as Exhibit A, and Defendant's Answer filed on October 10, 2008 shall be the answer to the Complaint as so amended.

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2/5/2009 DATED: __________________.

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