Objectivity, Inc. v. Exponential Interactive, Inc. et al

Filing 32

STIPULATION AND ORDER TO FILE FIRST AMENDED COMPLAINT. Signed by Judge Edward M. Chen on 1/13/15. (bpf, COURT STAFF) (Filed on 1/13/2015)

1 STUART C. CLARK (SBN 124152)
Email: [e-mail]
2 CARR & FERRELL LLP
120 Constitution Drive
3 Menlo Park, California 94025
Telephone: [phone]
4 Facsimile: [phone]

HSIAO C. (MARK) MAO, ESQ. (SBN 236165)
KAUFMAN DOLOWICH & VOLUCK, LLP
Email: [e-mail]
425 California Street, Suite 2100
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

5 Attorneys for OBJECTIVITY, INC.

Attorneys for EXPONENTIAL
INTERACTIVE, INC. and JOHN RETTIG

6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION

10

OBJECTIVITY, INC., a corporation,

Case No. 3:14-cv-01434-EMC

11
Plaintiff,
12
13

v.

14 EXPONENTIAL INTERACTIVE, INC., a
corporation, and JOHN RETTIG, an
15 individual,
16

STIPULATION AND
[PROPOSED] ORDER
GRANTING LEAVE TO
AMEND COMPLAINT

Defendants.

17
18

WHEREAS:

19

A.

Plaintiff Objectivity, Inc. (“Objectivity”) seeks leave to amend its complaint to add

20 additional alleged breaches to its breach of contract claim, and to make consequential changes to its
21 copyright claim and to other aspects of the existing complaint, as stated in the [proposed] First
22 Amended Complaint attached hereto as Exhibit “A”;
23

B.

Objectivity alleges that it was not on notice of the additional claims referenced in the

24 [proposed] First Amended Complaint until sometime after this action commenced;
25

C.

Defendants Exponential Interactive, Inc., and John Rettig (“Defendants”) deny and

26 dispute Objectivity’s allegations, but stipulate to the allowance of the [proposed] First Amended
27 Complaint on the basis that: (1) Defendants are not thereby agreeing, conceding, or admitting any
28 of the allegations made in the [proposed] First Amended Complaint, (2) Defendants reserve any and
-1STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO AMEND COMPLAINT:
Case No. 3:14-cv-01434-EMC

1
2
3
4
5

all rights to challenge the [proposed] First Amended Complaint, including but not limited to
challenges on the basis of any statutes of limitations, laches, waiver, or contractual defenses.
NOW THEREFORE, IT IS HEREBY STIPULATED by and between Objectivity and
Defendants, through their undersigned counsel, that Objectivity may file the [proposed] First
Amended Complaint attached hereto as Exhibit “A”.

6
7 Dated: January 9, 2015
8
9

By: /s/ Stuart C. Clark
Stuart C. Clark, Esq.
CARR & FERRELL LLP
Attorneys for Plaintiff Objectivity, Inc.

10
11

Dated: January 9, 2015

12
13

By: /s/ Hsiao C. (Mark) Mao
Hsiao C. (Mark) Mao, Esq.
KAUFMAN DOLOWICH & VOLUCK, LLP
Attorneys for Defendants Exponential
Interactive, Inc. and John Rettig

14
15 IT IS SO ORDERED. Plaintiff to file the first amended complaint
as a separate document.
16

24

ER

R NIA
FO

dwa
Judge E

H

23

RT

22

hen

rd M. C

NO

21

O
IT IS S
DIFIED
AS MO

LI

20

HON. EDWARD M. CHEN
E
UNITED STATES DISTRICT D
ORDER JUDGE

A

19

UNIT
ED

18

S DISTRICT
TE
C
TA

RT
U
O

S

17 Dated: January 13, 2015

N

F
D IS T IC T O
R

C

25
26
27
28
-2STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO AMEND COMPLAINT:
Case No. 3:14-cv-01434-EMC

Exhibit A