Innovation Ventures LLC et al v. Pittsburg Wholesale Grocers Inc et al

Filing 235

ORDER GRANTING REQUESTS TO WITHDRAW MOTION AND FOR LEAVE TO AMEND by Judge Alsup withdrawing 191 Motion to Strike ; granting 202 Stipulation (whalc1, COURT STAFF) (Filed on 3/6/2013)

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William A. Markham, State Bar No. 132970
Dorn Graham Bishop, State Bar No. 147994
Jason Eliaser, State Bar No. 248394
LAW OFFICES OF WILLIAM MARKHAM, P.C.
550 West C Street, Suite 2040
San Diego, CA 92101

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Tel:
Fax:
E-mail:

[phone]
[phone]
[e-mail]

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Attorneys for Defendant Dandee Company, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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INNOVATION VENTURES, LLC et al.
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Plaintiffs.
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Vs.

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PITTSBURGH WHOLESALE
GROCERS d/b/a PITCO FOODS et al.,

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Defendants
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RELATED ACTIONS

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Case No.

12-CV-5523-WHA

PROPOSED ORDER AUTHORIZING
PLAINTIFFS TO WITHDRAW THEIR
MOTION TO STRIKE AFFIRMATIVE
DEFENSES MADE BY DEFENDANTS
DANDEE COMPANY, INC., KEVIN
ATTIQ AND FADI ATTIQ, AND
GRANTING LEAVE TO THESE
DEFENDANTS TO FILE AMENDED
ANSWERS
The Hon. William Alsup
Courtroom 8, 19th Floor
Complaint Filed:
Trial Date:

October 26, 2012
Not set

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PROPOSED ORDER AUTHORIZING PLAINTIFFS TO WITHDRAW THEIR MOTION TO
STRIKE AFFIRMATIVE DEFENSES MADE BY DEFENDANTS DANDEE COMPANY, INC., ETC.

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WHEREAS, Defendants Dandee Company, Inc., Kevin Attiq, and Fadi Attiq (collectively, the

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Dandee Defendants”) each answered Plaintiffs’ Second Amended Complaint on January 23, 2013

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(Docket Nos. 159 and 161); and

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WHEREAS, Plaintiffs moved to strike certain of the affirmative defenses set forth in these
answers on February 19, 2013 (Docket No. 191); and

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WHEREAS, the hearing of this motion is set for March 28, 2013, and the Dandee
Defendants’ opposition papers are due on March 5, 2013; and

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WHEREAS, the Dandee Defendants prefer to amend their respective answers rather than
oppose Plaintiffs’ motion to strike; and

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WHEREAS, Plaintiffs and the Dandee Defendants have stipulated to the below matters and
have asked this Court to enter them as an Order of this Court; and

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WHEREFORE, the Court now makes the following ORDER.

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1.

Plaintiffs are deemed to have withdrawn their above Motion to Strike (Docket No.

2.

Each Dandee Defendant is given leave to file an amended answer to Plaintiffs’ Second

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191).

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Amended Complaint, and each of them must do so no later than March 8, 2013.

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3.

The Court now takes off calendar the hearing of Plaintiffs’ above Motion to Strike,

which was set for March 28, 2013.

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IT IS SO ORDERED.

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Dated:

March 6, 2013.

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The Hon. William H. Alsup
UNITED STATES DISTRICT COURT JUDGE

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PROPOSED ORDER AUTHORIZING PLAINTIFFS TO WITHDRAW THEIR MOTION TO
STRIKE AFFIRMATIVE DEFENSES MADE BY DEFENDANTS DANDEE COMPANY, INC., ETC.

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