Sunpower Corporation Systems v. Sunlink Corporation

Filing 82

STIPULATION AND ORDER WITHDRAWING 1ST AMENDED ANSWER & COUNTERCLAIM. Sunpower Corporation Systems' answer to Sunlink Corporation's Corrected Amended Complaint shall be filed/served by 04/30/09. Documents 63 and 68 are STRICKEN from the record. Signed by Judge Saundra Brown Armstrong, on 4/15/09. (lrc, COURT STAFF) (Filed on 4/15/2009) Modified on 4/16/2009 (jlm, COURT STAFF).

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430434.01

DURIE TANGRI PAGE LEMLEY ROBERTS & KENT LLP DARALYN J. DURIE--#169825 MICHAEL H. PAGE--#154913 332 Pine Street, Suite 200 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant SUNLINK CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SUNPOWER CORPORATION, SYSTEMS, a Delaware Corporation, Plaintiff andCounterclaim Defendant, v. SUNLINK CORPORATION, a Delaware corporation, Defendant and Counterclaimant. Case No. CV 08-2807 SBA STIPULATION AND ORDER OF WITHDRAWING SUNLINK'S FIRST AMENDED ANSWER AND COUNTERCLAIMS

STIPULATION AND ORDER WITHDRAWING 1ST AMENDED ANSWER AND COUNTERCLAIMS CASE NO. CV 08-2807 SBA

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Defendant and Counterclaimant SunLink Corporation ("SunLink") has filed what it has entitled its Corrected First Amended Answer and Counterclaims, and SunLink wishes to withdraw, and hereby withdraws, its First Amended Answer and Counterclaims, and Plaintiff and Counterdefendant SunPower Corporation, Systems ("SunPower") has not answered the First Amended Answer and Counterclaims, NOW THEREFORE it is stipulated that SunLink's First Amended Answer and Counterclaims (both unredacted and redacted versions) are hereby withdrawn, and should be stricken from the Court's docket in the above captioned matter. SunPower reserves the right to move the Court to condition that withdrawal and reserves its right to object and otherwise respond to the filing of a Corrected First Amended Answer and Counterclaims. The parties further stipulate that SunPower shall have twenty (20) days to answer or otherwise respond to the Corrected First Amended Answer and Counterclaims.

Dated: April 10, 2009

DURIE TANGRI PAGE LEMLEY ROBERTS & KENT LLP

By:

/s/

Michael H. Page Attorneys for Defendant and Counterclaimant SUNLINK CORPORATION

Dated: April 10, 2009 By:

FISH & RICHARDSON /s/

John Farrell Attorneys for Plaintiff and Counterdefendant SUNPOWER CORPORATION, SYSTEMS
STIPULATION AND ORDER WITHDRAWING 1ST AMENDED ANSWER AND COUNTERCLAIMS CASE NO. CV 08-2807 (SBA)

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430434.01

STIPULATION AND ORDER WITHDRAWING 1ST AMENDED ANSWER AND COUNTERCLAIMS CASE NO. CV 08-2807 (SBA)

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IT IS SO ORDERED. The Clerk of Court is instructed to strike from the Court's files Docket Entries numbered 63 and 68 in the above-captioned matter. SunPower's Answer to SunLink's Corrected First Amended Complaint shall be filed and served on or before April 30, 2009.

Dated: 4/15/09 Hon. Saundra Brown Armstrong United States District Judge

STIPULATION AND ORDER WITHDRAWING 1ST AMENDED ANSWER AND COUNTERCLAIMS CASE NO. CV 08-2807 (SBA)

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