ArrivalStar S.A. et al v. Xora, Inc.

Filing 47

STIPULATION AND ORDER GRANTING PLAINTIFFS LEAVE TO FILE FIRST AMENDED COMPLAINT re 46 Stipulation, filed by Melvino Technologies Limited, ArrivalStar S.A. Signed by Judge Phyllis J. Hamilton on 3/2/11. (nah, COURT STAFF) (Filed on 3/2/2011)

ArrivalStar S.A. et al v. Xora, Inc.

Doc. 47

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KENNETH E. KELLER (SBN 71450) [e-mail] MICHAEL D. LISI (SBN 196974) [e-mail] KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP 555 Montgomery Street, 17th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] ANTHONY E. DOWELL (Admitted Pro Hac Vice) [e-mail] GEOFFREY D. SMITH (Admitted Pro Hac Vice) [e-mail] DOWELL BAKER 201 Main Street, Suite 710 Lafayette, IN 47901 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs ARRIVALSTAR S.A., and MELVINO TECHNOLOGIES LIMITED

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) ARRIVALSTAR, S.A., and MELVINO TECHNOLOGIES LIMITED, Plaintiffs, v. XORA, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 4:10-cv-04876 PJH STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO FILE FIRST AMENDED COMPLAINT

AND RELATED COUNTERCLAIMS.

1 ________________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO FILE FIRST AMENDED COMPLAINT CASE NO: 3:10-cv-04876 PJH
Dockets.Justia.com

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Pursuant to Civil Local Rule 7-12, plaintiffs ArrivalStar, S.A. and Melvino Technologies Limited (collectively "Plaintiffs") and defendant Xora, Inc. ("Defendant") stipulate as follows and respectfully request that the Court enter the following Proposed Order: WHEREAS on or about July 13, 2010, Plaintiffs filed their original Complaint for patent infringement in this action; WHEREAS Plaintiff wishes to amend the Complaint to include two additional patents, specifically United States Patent No. 6,278,936 ("the 936 Patent") and United States Patent No. 6,741,927 ("the `927 Patent"); WHEREAS during the parties' meet and confer in preparation for the Initial Case Management Conference, the parties agreed to a deadline of February 28, 2011 for any amendment to amend the pleadings in this matter; WHEREAS Plaintiffs included both the `927 and `936 patents in their Disclosure of Asserted Claims and Infringement Contentions, which was served on Defendant on February 3, 2011; WHEREAS Plaintiffs subsequently informed Defendant that they intended to seek leave to amend the Complaint to add the `927 and `936 patents, and asked if Defendant would stipulate to such amendment; and WHEREAS Defendant has informed Plaintiffs that it is willing to stipulate to the filing of an amended complaint; Accordingly, IT IS HEREBY STIPULATED AND AGREED THAT, subject to approval of the Court, Plaintiffs shall file the First Amended Complaint, a copy of which is attached as Exhibit A. Dated: February 28, 2011 KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP

By: __________/S/_________________________ Michael D. Lisi Attorneys for Plaintiff ArrivalStar, S.A.

2 ________________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO FILE FIRST AMENDED COMPLAINT CASE NO: 3:10-cv-04876 PJH

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Dated: February 28, 2011

CARR & FERRELL LLP

By: _______/S/____________________________ Colby B. Springer Attorneys for Defendant Xora, Inc.

I hereby attest that I have been authorized by Colby B. Springer to execute on his behalf this Stipulation and [Proposed] Order Granting Plaintiff Leave to File First Amended Complaint. Executed on this 28tht day of February, 2011 at San Francisco, California.

/s/ Michael D. Lisi MICHAEL D. LISI

[PROPOSED] ORDER Pursuant to the parties' Stipulation, dated February 28, 2011, Plaintiff is hereby granted leave to file the First Amended Complaint attached to the Stipulation. IT IS SO ORDERED. 2 Dated: March ___, 2011

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______________________________________ D R RE Hon. Phyllis J. HamiltonDE S SO O IT I United States District Court Judge

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