Hyosung (America), Inc. et al v. Hantle USA, Inc.

Filing 52

STIPULATION AND ORDER re 50 Stipulation filed by Nautilus Hyosung Inc., Hyosung (America), Inc.. Signed by Judge ARMSTRONG on 3/15/11. (lrc, COURT STAFF) (Filed on 3/16/2011)

Hyosung (America), Inc. et al v. Hantle USA, Inc.

Doc. 52

1 2 3 4 5 6 7 8 9 10

ADAM A. LEWIS (CA SBN 88736) ([e-mail]) GRANT L. KIM (Cal. Bar No. 114989) ([e-mail]) ALISON M. TUCHER (Cal. Bar No. 171363) ([e-mail]) BARBARA N. BARATH (Cal. Bar No. 268146) ([e-mail]) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Petitioners HYOSUNG (AMERICA), INC. and NAUTILUS HYOSUNG INC. UNITED STATES DISTRICT COURT

11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, by Order of March 4, 2011 (Doc. No. 47), the Court directed that the parties meet and confer in an effort to reach an agreement concerning the filing of Plaintiffs' proposed Second Amended Complaint and file, by March 14, 2011, either a stipulation and proposed order for the filing of a Second Amended Complaint, or alternatively, a motion for leave to file a Second Amended Complaint in the event the parties are unable to enter into such a stipulation; WHEREAS, Plaintiffs previously provided Defendant with a proposed Second Amended Complaint, which adds several new defendants, including Genmega, Inc. and two individuals;
STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF SECOND AMENDED COMPLAINT CASE NO. CV-10-2160- SBA sf-2968293

OAKLAND DIVISION HYOSUNG (AMERICA), INC. and NAUTILUS HYOSUNG INC. Petitioners, v. HANTLE USA, INC., Defendant. Case No. CV-10-2160- SBA

STIPULATION SEEKING EXTENSION OF TIME TO FILE STIPULATION OR MOTION REGARDING FILING OF SECOND AMENDED COMPLAINT AND ORDER Local Rule 6-2 Judge: Hon. Saundra B. Armstrong

1
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS, Defendant has previously stated that it would not oppose filing of the Second Amended Complaint in the form previously provided to it by Plaintiffs if the motion to dismiss was denied, subject to resolution of certain privilege issues raised by Defendant; WHEREAS, the parties believe that it may be possible to reach an agreement that will result in a stipulated request to file the Second Amended Complaint, thereby avoiding the need for a noticed motion on this issue; WHEREAS, the parties need a brief extension to complete their discussions concerning privilege issues and the filing of the Second Amended Complaint; WHEREAS, a one-week extension is not expected to have a material impact on the schedule for other events in this case; NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the parties, pursuant to Local Rule 6-2 and subject to the Court's approval, that the date for Plaintiffs to file a stipulation and proposed order for the filing of a Second Amended Complaint, or alternatively, a motion for leave to file a Second Amended Complaint in the event that the parties are unable to enter into such a stipulation, is hereby extended from March 14 to March 21, 2011. In addition to stipulating to the above, I, Grant L. Kim, attest that concurrence in the filing of this Stipulation has been obtained from Matthew Poppe, Counsel for Defendant Hantle USA. Dated: March 11, 2011 ADAM A. LEWIS GRANT L. KIM ALISON M. TUCHER BARBARA N. BARATH MORRISON & FOERSTER LLP By: /s/ Grant L. Kim /s/ Grant L. Kim Attorneys for Plaintiff(s) HYOSUNG (AMERICA), INC. NAUTILUS HYOSUNG, INC.

STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF SECOND AMENDED COMPLAINT CASE NO. CV-10-2160- SBA sf-2968293

2

1 2 3 4

Dated: March 11, 2011

ROBERT E. FREITAS MATTHEW H. POPPE KRISTIN S. CORNUELLE JACOB A. SNOW ORRICK, HERRINGTON & SUTCLIFFE LLP By: /s/ Matthew H. Poppe /s/_[as authorized] Matthew H. Poppe Attorneys for Defendant HANTLE USA, INC.

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: _3/15/11

Order PURSUANT TO STIPULATION, IT IS SO ORDERED. By:_______________________ U.S. District Court Judge

STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF SECOND AMENDED COMPLAINT CASE NO. CV-10-2160- SBA sf-2968293

3