Purple Heart Patient Center, Inc v. Military Order of the Purple Heart of the United States of America, Inc

Filing 40

ORDER GRANTING STIPULATION TO AMEND AND EXTEND TIME TO ANSWER by Judge Alsup terminating 36 Motion for Leave to File; granting 39 Stipulation (whalc1, COURT STAFF) (Filed on 7/3/2013)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

John V. Picone III, Bar No. 187226
[e-mail]
Jennifer S. Coleman, Bar No. 213210
[e-mail]
HOPKINS & CARLEY
A Law Corporation
The Letitia Building
70 South First Street
San Jose, CA 95113-2406
mailing address:
P.O. Box 1469
San Jose, CA 95109-1469
Telephone: [phone]
Facsimile: [phone]
David R. Cross
[e-mail]
Johanna M. Wilbert
[e-mail]
QUARLES & BRADY LLP
411 East Wisconsin Ave.
Suite 2350
Milwaukee WI 53202-4426
Richard Kovelant
Kovelant Law Offices LLC
1975 Valley Road
Annapolis, MD 21401
[e-mail]
Attorneys for Defendants/Counter-Plaintiffs
MILITARY ORDER OF THE PURPLE
HEART OF THE UNITED STATES OF
AMERICA, INC.; and MILITARY ORDER OF
THE PURPLE HEART SERVICE
FOUNDATION, INC.

20

UNITED STATES DISTRICT COURT

21

NORTHERN DISTRICT OF CALIFORNIA

22
23

PURPLE HEART PATIENT CENTER,
INC., a California corporation,
Plaintiff,

24
25
QUARLES & BRADY LLP

26

ATTO RNEY S AT LAW
MILWAU KEE

27

Case No. 3:13-cv-00902-WHA

STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND TO EXTEND TIME TO
ANSWER; CASE NO. 3:13-cv-00902-WHA

-1-

626\1016352.3

v.
1
2
3
4

MILITARY ORDER OF THE PURPLE
HEART OF THE UNITED STATES OF
AMERICA, INC., a United States federally
charted corporation; and MILITARY
ORDER OF THE PURPLE HEART
SERVICE FOUNDATION, INC., a
Wisconsin corporation,
Defendants.

5
6

STIPULATION AND [PROPOSED]
ORDER TO AMEND COMPLAINT AND
TO EXTEND TIME TO ANSWER

AND RELATED COUNTERCLAIMS.

7
8
9

Plaintiff/counter-defendant Purple Heart Patient Center, Inc. (“Plaintiff”) and Defendants

10

and counter-plaintiffs Military Order of the Purple Heart of the United States of America, Inc. and

11

Military Order of the Purple Heart Service Foundation, Inc. (collectively, “Defendants”), by and

12

through their respective undersigned counsel, stipulate and agree as follows:

13
14
15
16
17
18
19

WHEREAS Defendants agree pursuant to Fed. R. Civ. P. 15(a)(2) that Plaintiff may file
its proposed First Amended Complaint, a copy of which is attached hereto as Exhibit A;
WHEREAS Plaintiff agrees to withdraw its pending Motion For Order Granting Leave To
File Amended Complaint (the “Motion”; see Dkt. 36), filed on June 19, 2013; and
WHEREAS Plaintiff agrees that Defendants may have up to and including August 14,
2013 to file their answer or other response to Plaintiff’s First Amended Complaint;

20
THEREFORE, the parties hereby agree and stipulate that, subject to the Court’s entry of
21
22
23

an order approving this Stipulation, Plaintiff will withdraw its pending Motion, Plaintiff’s First
Amended Complaint will be deemed filed and served upon Defendants as of the date of entry of

24
25
QUARLES & BRADY LLP

26

ATTO RNEY S AT LAW
MILWAU KEE

27

STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND TO EXTEND TIME TO
ANSWER; CASE NO. 3:13-cv-00902-WHA

-2-

626\1016352.3

the Order on this Stipulation, and Defendants’ responsive pleading to the First Amended
Complaint must be filed with the Court and served upon Plaintiff on or before August 14, 2013.
1
2
3

Dated: July 2, 2013.

QUARLES & BRADY LLP

4

By: /s/ Jennifer S. Coleman
David R. Cross
Johanna M. Wilbert

5
6

John V. Picone III
Jennifer S. Coleman
HOPKINS & CARLEY

7
8

Richard Kovelant
KOVELANT LAW OFFICES LLC

9

Attorneys for Defendants/CounterPlaintiffs
MILITARY ORDER OF THE PURPLE
HEART OF THE UNITED STATES OF
AMERICA, INC.; and MILITARY
ORDER OF THE PURPLE HEART
SERVICE FOUNDATION, INC.

10
11
12
13
14

Dated: July 2, 2013

DONAHUE GALLAGHER WOODS LLP

15

By: /s/ Eric A. Handler
Steven K. Lee
Eric A. Handler
Daniel J. Schacht

16
17

Attorneys for Plaintiff/Counter-Defendant
PURPLE HEART PATIENT CENTER,
INC.

18
19

FILER’S ATTESTATION

20
21

Pursuant to Local Rule 5-1(i)(3), I hereby certify that I have obtained the concurrence in

22

the filing of this document from all signatories for whom a signature is indicated by a

23

“conformed” signature (/s/) within this electronically filed document and I have on file records to

24

support this concurrence for subsequent production to the Court if so ordered or for inspection

25
QUARLES & BRADY LLP

26

ATTO RNEY S AT LAW
MILWAU KEE

27

STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND TO EXTEND TIME TO
ANSWER; CASE NO. 3:13-cv-00902-WHA

-3-

626\1016352.3

upon request.
1

Dated: July 2, 2013

HOPKINS & CARLEY
A Law Corporation

2
3

By:/s/ Jennifer S. Coleman
Jennifer S. Coleman
Attorneys for Defendants/CounterPlaintiffs
MILITARY ORDER OF THE PURPLE
HEART OF THE UNITED STATES OF
AMERICA, INC.; and MILITARY
ORDER OF THE PURPLE HEART
SERVICE FOUNDATION, INC.

4
5
6
7
8
9

PURSUANT TO STIPULATION, IT IS SO ORDERED.

10
11

July 3, 2013.
Dated: ____________

_______________________________________
HONORABLE WILLIAM H. ALSUP

12
13
14
15
16
17
18
19
20
21
22
23
24
25
QUARLES & BRADY LLP

26

ATTO RNEY S AT LAW
MILWAU KEE

27

STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND TO EXTEND TIME TO
ANSWER; CASE NO. 3:13-cv-00902-WHA

-4-

626\1016352.3