Oracle USA, Inc. v. XL Global Services, Inc.

Filing 28

STIPULATION AND ORDER granting leave to file first amended complaint; Defendant to file answer not later than 10/5/2009; Signed by Judge Marilyn Hall Patel on 9/9/2009. (awb, COURT STAFF) (Filed on 9/9/2009)

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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 ROBERT T. SULLWOLD (SBN 88139) JAMES A. HUGHES (SBN 88380) SULLWOLD & HUGHES 235 Montgomery Street, Suite 730 San Francisco, CA 94104 (415) 263-1850 (415) 989-9798 FAX DEBORAH K. MILLER (SBN 95527) JEFF S. ROSS (SBN 138172) ORACLE CORPORATION 500 Oracle Parkway, 7th Floor Redwood Shores, CA 94065 (650) 506-5200 (650) 506-7114 FAX Attorneys for Plaintiff ORACLE USA, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE USA, INC., a Colorado Corporation, Plaintiff v. XL GLOBAL SERVICES, INC., a Delaware Corporation, Defendant. AND RELATED COUNTERCLAIM Case No.: CV 09-0537 MHP STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE FOR FILING OF FIRST AMENDED COMPLAINT IT IS HEREBY STIPULATED, by and between the parties hereto through their respective undersigned attorneys, that plaintiff Oracle USA, Inc. shall have leave to file a First Amended Complaint in the form attached as Exhibit 1 to this Stipulation and Order. In light of this stipulation, the motion for leave to file amended complaint, currently set 1 STIPULATION AND ORDER GRANTING LEAVE FOR FILING OF FIRST AMENDED COMPLAINT Case No. CV 09-0537 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 for hearing on September 14, 2009, is moot and may be taken off calendar. SO STIPULATED: Dated: September 8, 2009 JAMES A. HUGHES SULLWOLD & HUGHES By: /S/ JAMES A. HUGHES Attorneys for PLAINTIFF ORACLE USA, INC. Dated: September 8, 2009 SOMMERS & SCHWARTZ LLP By: /S/______________________ Frank F. Sommers, IV Attorneys For Defendant and Counterclaimant XL GLOBAL SERVICES, INC. Filer's Attestation: Pursuant to General Order No. 45, Section X(B), the filer hereby attests that the signatories' concurrence in the filing of this document has been obtained. 2 STIPULATION AND ORDER GRANTING LEAVE FOR FILING OF FIRST AMENDED COMPLAINT Case No. CV 09-0537 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 ORDER The parties having stipulated and good cause appearing; IT IS ORDERED that plaintiff Oracle USA, Inc. is granted leave to file the proposed First Amended Complaint. Defendant's answer to the First Amended Complaint shall be filed on or before October 5, 2009. Date: 9/9/2009 UNIT ED S S DISTRICT TE C TA UNITED STATES DISTRICT COURT JUDGE ER N F D IS T IC T O R 3 STIPULATION AND ORDER GRANTING LEAVE FOR FILING OF FIRST AMENDED COMPLAINT Case No. CV 09-0537 MHP A C LI FO arily Judge M n H. Pa tel R NIA OO IT IS S RDERE D RT U O NO RT H

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