MagTarget LLC et al v. Saldana

Filing 40

STIPULATION AND ORDER re 39 STIPULATION WITH PROPOSED ORDER Amended Joint Stipulation and [Proposed] Order Regarding Amendment of Pleadings and Withdrawal of Pending Motion to Dismiss filed by Darrell Saldana. Signed by Judge Jon S. Tigar on October 22, 2018. (wsn, COURT STAFF) (Filed on 10/22/2018)

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SINGER / BEA LLP
Adam S. Cashman (Bar No. 255063)
[e-mail]
601 Montgomery Street, Suite 1950
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

CHAN PUNZALAN LLP
Mark Punzalan
[e-mail]
Stephen Stanwood
[e-mail]
2000 Alameda de las Pulgas, Suite 154
San Mateo, CA 94403
Telephone:
[phone]
Facsimile:
[phone]

Attorney for Defendant, Counter-claimant and
Third-Party Plaintiff Darrell Saldana

Attorneys for Plaintiffs and Counter-Defendants
MagTarget LLC and Jean-Michel Thiers, and
Third-Party Defendant May Chen

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MAGTARGET, LLC, and JEAN-MICHEL
THIERS, an individual
Plaintiffs,

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v.

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DARRELL SALDANA, an individual.

JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
AMENDMENT OF PLEADINGS AND
WITHDRAWAL OF PENDING MOTION
TO DISMISS

Defendant.

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CASE NO. 3:18-CV-03527-JST

DARRELL SALDANA, an individual,
Counterclaimant,

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v.

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MAGTARGET, LLC, and JEAN-MICHEL
THIERS, an individual.

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Counter-Defendants.
DARRELL SALDANA, an individual,
Third-Party Plaintiff,
v.
MAY CHEN,
Third-Party Defendant.
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT OF PLEADINGS AND WITHDRAWAL OF PENDING
MOTION TO DISMISS
CASE NO. 3:18-CV-03527-JST

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Plaintiffs/Counter-Defendants MagTarget LLC and Jean-Michel Thiers, Defendant/Counter-

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claimant/Third-Party Plaintiff Darrell Saldana, and Third-Party Defendant May Chen, by and through

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their undersigned counsel of records, hereby stipulate and agree as follows:

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RECITALS

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WHEREAS, Plaintiff and counterclaim defendant Jean-Michel Thiers (“Thiers”) and third-

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party defendant May Chen (“Chen”) have filed a Motion to Dismiss certain causes of action stated in

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Defendant-counterclaim plaintiff and third-party plaintiff Darrell Saldana’s (“Saldana”) First

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Amended Counterclaim and Third-Party Complaint; and

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WHEREAS, the Court has set November 7, 2018 as a deadline to amend the pleadings absent
a showing of good cause under Fed. R. Civ. P. 15; and

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WHEREAS, Saldana intends to file and serve an amended pleading on or before that
deadline; and

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WHEREAS, such amendments may address the issues that are the subject of Thiers’s and
Chen’s Motion to Dismiss, and will moot that motion in any event as a matter of law;

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NOW THEREFORE, all parties to this Action, by and through their undersigned counsel of
record, do hereby agree and stipulate as follows:

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STIPULATION

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1.

Thiers’s and Chen’s pending motion to dismiss (Dkt. No. 30) is withdrawn, without

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prejudice to their rights to move to dismiss Saldana’s amended pleading within 14 days of filing and

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service of that amended pleading pursuant to Fed. R. Civ. P. 15(a)(3) (or, in the event Saldana does

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not amend his pleading, within 14 days of the November 7, 2018 deadline to amend the pleadings);

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and

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2.

No opposition or other response to Thiers’s and Chen’s motion to dismiss (Dkt. No.

30) is required, and the noticed hearing data of December 6, 2018 is vacated.

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-1JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT OF PLEADINGS AND WITHDRAWAL OF PENDING
MOTION TO DISMISS
CASE NO. 3:18-CV-03527-JST

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Date: October 19, 2018

SINGER / BEA LLP

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By: /s/ Adam Cashman
Adam S. Cashman
Attorney for Defendant, Counterclaimant and
Third-Party Plaintiff Darrell Saldana

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Date: October 19, 2018

CHAN PUNZALAN LLP

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By: /s/ Mark Punzalan
Mark Punzalan
Stephen Stanwood
Attorneys for Plaintiffs and Counter-Defendants
MagTarget LLC and Jean-Michel Thiers, and ThirdParty Defendant May Chen

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SO ORDERED:

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Dated: October 22, 2018
JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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-2JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT OF PLEADINGS AND WITHDRAWAL OF PENDING
MOTION TO DISMISS
CASE NO. 3:18-CV-03527-JST

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ATTESTATION REGARDING SIGNATURES
I, Adam S. Cashman, attest that all signatories listed, and on whose behalf the filing is
submitted, concur in the filing’s content and have authorized the filing.

Date: October 19, 2018

/s/ Adam S. Cashman
Adam S. Cashman

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-3JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT OF PLEADINGS AND WITHDRAWAL OF PENDING
MOTION TO DISMISS
CASE NO. 3:18-CV-03527-JST