Shenzhenshi Haitiecheng Science and Technology Co., Ltd. v. Rearden LLC et al

Filing 96

STIPULATION AND ORDER re 92 STIPULATION WITH [PROPOSED] ORDER AND JOINT MOTION TO SUBSTITUTE PARTY filed by Shenzhenshi Haitiecheng Science and Technology Co., Ltd.. Signed by Judge Jon S. Tigar on March 21, 2016. (wsn, COURT STAFF) (Filed on 3/21/2016)

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KILPATRICK TOWNSEND & STOCKTON LLP
JON MICHAELSON (SBN 83815)
[e-mail]
SCOTT E. KOLASSA (SBN 294732)
[e-mail]
FRANCES B. COX (SBN 133696)
[e-mail]
1080 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: 650 326 2422
Attorneys for Plaintiff
SHENZHENSHI HAITIECHENG SCIENCE AND TECHNOLOGY CO., LTD.
Karen I. Boyd (State Bar No. 189808)
[e-mail]
Jennifer Seraphine (State Bar No. 245463)
[e-mail]
Zhuanjia Gu (State Bar No. 244863)
[e-mail]
TURNER BOYD LLP
702 Marshall Street, Suite 640
Redwood City, California 94063
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
REARDEN LLC, REARDEN MOVA LLC,
MO2 LLC, MOVA LLC

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SHENZHENSHI HAITIECHENG SCIENCE
AND TECHNOLOGY CO., LTD., a People’s
Republic of China corporation,

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Plaintiff,

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v.

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Case No. 3:15-cv-00797
STIPULATION AND JOINT MOTION TO
SUBSTITUTE PARTY AND [PROPOSED]
ORDER

REARDEN, LLC, a California Limited
Liability Company; REARDEN MOVA,
LLC, a California Limited Liability
Company; MO2, LLC, a California Limited
Liability Company; and MOVA, LLC, a
California Limited Liability Company,
Defendants.

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STIPULATION AND JOINT MOTION TO SUBSTITUTE PARTY AND [PROPOSED]
ORDER; CASE NO. 3:15-CV-00797

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1.

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Pursuant to Fed. R. Civ. P. 15(a) and Fed. R. Civ. P. 25(c), Shenzhenshi

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Haitiecheng Science and Technology Co., Ltd. (“SHST”) and Virtue Global Holdings Ltd.

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(“Virtue Global”) desire to amend the case caption to reflect Virtue Global’s new status as

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plaintiff in this action and to substitute parties accordingly.
2.

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Plaintiff’s counsel represents that since this action was filed, former plaintiff in this

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action SHST transferred all of its interest in the MOVA Assets at issue in this case to Virtue

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Global.

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3.

Based on this representation, Defendants agree to substitution of Virtue Global as

Plaintiff in this case. All rights and defenses with respect to any and all claims asserted by former
plaintiff SHST are reserved and shall apply equally as against Virtue Global.
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The parties further agree that SHST shall remain in the case as Counterclaim

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Defendant, and that all counterclaims presently asserted by Defendants against SHST shall

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continue as though pleaded against both Counterclaim Defendant SHST and plaintiff Virtue

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Global. This shall include the counterclaims stayed by this Court’s Order Staying Obligation of

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Plaintiff to Respond to Defendants’ Amended Counterclaims, ECF No. 86. Defendants reserve

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the right to assert additional counterclaims against Counterclaim Defendant SHST and plaintiff

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Virtue Global.

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5.

The parties agree that the substitution of Virtue Global for SHST will not be a basis

on which SHST may object to discovery relating to ownership issues.
6.

No prejudice results from substitution of the party plaintiff because the Court has

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not “even set a trial date yet.” Transcript of Proceedings before Judge Tigar on March 2, 2016 at

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8:20. Virtue Global and SHST agree not to seek additional time in the schedule based on the

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substitution of Virtue Global as Plaintiff.

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In accordance with the foregoing,

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IT IS HEREBY STIPULATED by the parties that the case caption be amended to reflect

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Virtue Global’s new capacity as plaintiff and to identify SHST as a Counterclaim Defendant, and

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that the Court order a substitution of parties relative thereto.

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STIPULATION AND JOINT MOTION TO SUBSTITUTE PARTY AND [PROPOSED]
ORDER; CASE NO. 3:15-CV-00797

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Respectfully submitted,

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KILPATRICK TOWNSEND & STOCKTON LLP

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DATED: March 18, 2016

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Attorneys for Plaintiff SHENZHENSHI
HAITIECHENG SCIENCE AND TECHNOLOGY
CO., LTD.

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TURNER BOYD LLP

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DATED: March 18, 2016

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By: /s/ Jennifer Seraphine
Karen I. Boyd
Jennifer Seraphine
Zhuanjia Gu
Attorneys for Defendants REARDEN LLC,
REARDEN MOVA LLC, MO2 LLC, MOVA LLC

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By: /s/ Scott E. Kolassa
Jon Michaelson
Scott E. Kolassa
Frances B. Cox

68304707V.1

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STIPULATION AND JOINT MOTION TO SUBSTITUTE PARTY AND [PROPOSED]
ORDER; CASE NO. 3:15-CV-00797

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS ORDERED that Virtue Global Holdings Limited

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is substituted as plaintiff in place of Shenzenshi Haitecheng Science and Technology Co., Ltd, that

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the case caption may be amended accordingly and to identify Shenzenshi Haitecheng Science and

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Technology Co., Ltd. as a Counterclaim Defendant as follows:

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VIRTUE GLOBAL HOLDINGS LIMITED,
a business company incorporated in the
British Virgin Islands,

Case No. 3:15-cv-00797

Plaintiff,
v.

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REARDEN, LLC, a California Limited
Liability Company; REARDEN MOVA,
LLC, a California Limited Liability
Company; MO2, LLC, a California Limited
Liability Company; and MOVA, LLC, a
California Limited Liability Company,

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Defendants/Counterclaim Plaintiffs,

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v.

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Counterclaim Defendant.

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S
IT IS SO ORDERED.

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J

ER

H

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THE HONORABLE JON S. TIGAR
Ti ga r
UNITED STATES ge Jon S. COURT JUDGE
DISTRICT
ud

RT

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VED
APPRO

NO

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Dated: March 21, 2016

UNIT
ED

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RT
U
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S DISTRICT
TE
C
TA

R NIA

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SHENZHENSHI HAITIECHENG SCIENCE
AND TECHNOLOGY CO., LTD., a People’s
Republic of China corporation,

FO

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LI

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A

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N

D IS T IC T
R

OF

C

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STIPULATION AND JOINT MOTION TO SUBSTITUTE PARTY AND [PROPOSED]
ORDER; CASE NO. 3:15-CV-00797

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