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

Filing 50

STIPULATION AND ORDER re 49 STIPULATION WITH PROPOSED ORDER re 48 Counterclaim, filed by Exponential Interactive, Inc., John Rettig. Signed by Judge Edward M. Chen on 4/27/15. (bpf, COURT STAFF) (Filed on 4/27/2015)

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KAUFMAN DOLOWICH & VOLUCK, LLP
HSIAO C. (MARK) MAO, ESQ. (SBN 236165)
ELIZABETH YANG, ESQ. (SBN 249713)
JONATHAN H. YEE, ESQ. (SBN 270236)
425 California Street, Suite 2100
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
E-mail:[e-mail]; [e-mail]
[e-mail]
Attorneys for Defendants
EXPONENTIAL INTERACTIVE, INC.
And JOHN RETTIG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OBJECTIVITY, INC., a corporation,
Plaintiff,

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STIPULATION TO EXTEND TIME TO
FILE AMENDED COUNTERCLAIM

v.

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

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

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Defendants.

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WHEREAS:
A.

Plaintiff Objectivity, Inc. (“Plaintiff”) and Defendants Exponential Interactive, Inc.,

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and John Rettig (collectively, “Defendants”), and also counter defendants Gary

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Lewis, Kim Wizer, and Richard Shelley (“Counter Defendants”), have agreed to

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settle this Action in its entirety and are in the process of finalizing said settlement;

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and
B.

Defendants were granted leave to file any amended Counterclaim on or before April
-1STIPULATION TO EXTEND TIME TO FILE AMENDED COUNTERCLAIM

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23, 2015 pursuant to this Court’s minute Order dated April 2, 2015;

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C.

Defendants filed a counterclaim on April 8, 2015;

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D.

Plaintiff and Cross Defendants assert that by filing the counterclaim on April 8, 2015

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Defendants exercised their right to file a counterclaim under the April 2, 2015 order,

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and that Defendants are not authorized to file any further counterclaim;

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E.

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Defendants assert that they are entitled to file an amended counterclaim under the
April 2, 2015 order, in addition to the counterclaim already filed;

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Notwithstanding their disagreement, described above, with regard to whether or not
Defendants are permitted to file a further counterclaim, and with Plaintiff and

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Counter Defendants reserving their rights to challenge the validity of any further

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filing, Plaintiff and Defendants and Counter Defendants agree to extend until April

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30, 2015 the time allowed in the order of April 2, 2015 to file amended

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counterclaims, in order to facilitate the finalization of the settlement of this matter;

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NOW THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Counter

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Defendants, of the one part, and Defendants, of the other part, through their undersigned counsel,

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that the deadline for Defendants to file any amended Counterclaim may be extended until and

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including April 30, 2015.

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DATED: April 23, 2015

CARR & FERRELL, LLP

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By: _____/s/ Stuart Clark______________________________
Stuart C. Clark, Esq.
Attorneys for Plaintiff and Counter Defendants
OBJECTIVITY, INC., GARY LEWIS, KIM WIZER,
and RICHARD SHELLEY

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DATED: April 23, 2015

KAUFMAN DOLOWICH & VOLUCK, LLP

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By: _____/s/ Mark Mao _______________________________
Hsiao C. (Mark) Mao, Esq.
Elizabeth Yang, Esq.
Jonathan H. Yee, Esq.
Attorneys for Defendants
EXPONENTIAL INTERACTIVE, INC. and JOHN
RETTIG
-2STIPULATION TO EXTEND TIME TO FILE AMENDED COUNTERCLAIM

IT IS SO ORDERED.

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R NIA

dwa
Judge E

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hen

rd M. C

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4841-7226-6787, v. 1

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UNIT
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HON. EDWARD RED
DE M. CHEN
SO OR
ISSTATES DISTRICT JUDGE
IT
UNITED

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Dated: April _______, 2015

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-3STIPULATION TO EXTEND TIME TO FILE AMENDED COUNTERCLAIM