Sunpower Corporation Systems v. Sunlink Corporation

Filing 61

STIPULATION AND ORDER: Granting SunLink Leave to File an Amended Answer and Counterclaims. Signed by Judge Saundra Brown Armstrong, on 3/4/09. (lrc, COURT STAFF) (Filed on 3/10/2009) Modified on 3/11/2009 (jlm, COURT STAFF).

Case 4:08-cv-02807-SBA

Document 49

Filed 02/20/2009

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Frank E. Scherkenbach, (Bar No. 142549; [e-mail]) Fish & Richardson P.C. 225 Franklin Street Boston, MA 02110-2804 Telephone: [phone] Facsimile: [phone] Howard G. Pollack (Bar No. 162897; [e-mail]) Craig R. Compton (Bar No. 215491; [e-mail]) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff SUNPOWER CORPORATION, SYSTEMS QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Morgan W. Tovey (Bar No. 136242) [e-mail] Linda J. Brewer (Bar No. 217730) Jason S. Takenouchi (Bar No. 234835) 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant SUNLINK CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) SUNPOWER CORPORATION, SYSTEMS, a Delaware corporation, Plaintiff and Counterclaim Defendant, vs. SUNLINK CORPORATION, a Delaware Corporation, Defendant and Counterclaimant.
JOINT STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE FOR SUNLINK TO FILE AMENDED ANSWER AND COUNTERCLAIMS - Case No. CV 08-2807 SBA

Case No. CV 08-2807 SBA XXXXXXXX JOINT STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE FOR SUNLINK CORPORATION TO FILE AMENDED ANSWER AND COUNTERCLAIMS PATENT CASE

Case 4:08-cv-02807-SBA

Document 49

Filed 02/20/2009

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WHEREAS Defendant and Counterclaimant SunLink Corporation ("SunLink") seeks the Court's leave to file an amended answer and counterclaims, and Plaintiff and Counterclaim Defendant SunPower Corporation, Systems ("SunPower") assents to the filing of this amended pleading as being timely; WHEREAS SunPower reserves all other rights to challenge either the form or the merits of SunLink's amended answer and counterclaims, including, but not limited to, motions filed under Federal Rules of Civil Procedure 11 and 12; WHEREAS SunPower further reserves its right to seek all remedies afforded to it when challenging unsupported or defective pleadings; WHEREAS a copy of SunLink's proposed Amended Answer and Counterclaims are attached to this stipulation and [proposed] order; and thirty (30) XXXXX WHEREAS the parties stipulate that SunPower will have forty (40) days to respond to

SunLink's amended answer and counterclaims. NOW THEREFORE, in accordance with Federal Rule of Civil Procedure 15(a)(2), the parties hereby request the Court give SunLink leave to file an amended answer and counterclaims. Dated: February 20, 2009 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By: /s/ Morgan Tovey Attorneys for Defendant and Counterclaimant SUNLINK CORPORATION Dated: February 20, 2009 FISH & RICHARDSON P.C. By: /s/ Craig Compton Attorneys for Plaintiff and Counterclaim Defendant SUNPOWER CORPORATION, SYSTEMS

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JOINT STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE FOR SUNLINK TO FILE AMENDED ANSWER AND COUNTERCLAIMS - Case No. CV 08-2807 SB

Case 4:08-cv-02807-SBA

Document 49

Filed 02/20/2009

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Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Craig Compton. Dated: February 20, 2009 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By: /s/ Morgan Tovey IT IS SO ORDERED. 3/4/09 Dated: _____________________ Hon. Saundra Brown Armstrong United States District Court Judge
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JOINT STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE FOR SUNLINK TO FILE AMENDED ANSWER AND COUNTERCLAIMS - Case No. CV 08-2807 SB