dpiX LLC v. Yieldboost Tech Inc et al

Filing 45

STIPULATION AND ORDER re 44 STIPULATION WITH PROPOSED ORDER TO FILE AMENDED COMPLAINT filed by dpiX LLC. Signed by Judge Jon S. Tigar on June 2, 2015. (wsn, COURT STAFF) (Filed on 6/2/2015)

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1 2 3 4 5 6 7 STEPHANIE O. SPARKS – BAR NO. 218438 sos@hogefenton.com SHELLA DEEN – BAR NO. 149735 sd@hogefenton.com JUSTINE M. CANNON – BAR NO. 254176 jmc@hogefenton.com HOGE, FENTON, JONES & APPEL, INC. Sixty South Market Street, Suite 1400 San Jose, California 95113-2396 Phone: (408) 287-9501 Fax: (408) 287-2583 Attorneys for Plaintiff DPIX LLC 8 9 IN THE UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 DPIX LLC, a Delaware limited liability company, 14 Plaintiff, 15 No. 3:14-CV-05382-JST [PROPOSED] ORDER GRANTING STIPULATED REQUEST TO FILE AMENDED COMPLAINT vs. (Civil L.R. 6-2) 16 17 YIELDBOOST TECH, INC., a California corporation, and KYO YOUNG CHUNG, an individual, 18 Defendants. 19 20 21 22 23 The Court having reviewed the parties’ Stipulated Request to File Amended Complaint filed herein on June 1, 2015, and good cause appearing therefor: IT IS HEREBY ORDERED that Plaintiff DPIX LLC is granted leave to file its Amended 24 Complaint out of time, and Plaintiff’s Amended Complaint filed on May 14, 2015 (Dkt. 39) shall be 25 deemed filed as of the date of this Order. 26 27 IT IS FURTHER ORDERED that Defendants’ shall have fourteen (14) days from the date of this Order to file an Amended Answer and Counterclaims to the Amended Complaint. 28 -1[PROPOSED] ORDER GRANTING STIPULATED REQUEST TO FILE AM. COMPLAINT 3:14-CV-05382-NC 1 IT IS FURTHER ORDERED that Plaintiff is granted leave to file a second amended 2 complaint either this Wednesday, June 3, 2015, or the day following the Court’s order granting 3 leave to file an amended complaint, following the parties’ efforts to meet and confer on Defendants’ 4 objections, and if Plaintiff so files, then Defendants shall have a further fourteen (14) days thereafter 5 in which to file their answer and counterclaims thereto. 6 7 IT IS FURTHER ORDERED that the parties’ stipulation shall be without prejudice to, and without a waiver of, Defendants’ right to challenge the adequacy of Plaintiff’s Amended Complaint. 8 IT IS SO ORDERED. DATED: June 2, 2015 12 ERED ORD T IS SO I R NIA UNIT ED 11 RT U O S 10 S DISTRICT TE C TA HON. JON S. TIGAR JUDGE OF THE U.S. DISTRICT COURT NORTHERN DISTRICT. OF gar S Ti CALIFORNIA RT 15 J u d ge J o H ER n 16 17 FO NO 14 LI 13 A 9 N D IS T IC T R OF C 18 19 20 21 22 23 24 25 26 27 28 -2[PROPOSED] ORDER GRANTING STIPULATED REQUEST TO FILE AM. COMPLAINT 3:14-CV-05382-NC

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