Olympic Developments AG, LLC v. Microsoft Corporation et al

Filing 83

ORDER by Judge Saundra Brown Armstrong GRANTING Plaintiff Leave to File Amended Complaint and WITHDRAWING 58 Motion to Dismiss. Signed by Judge Saundra Brown Armstrong, on 06/01/11 (lrc, COURT STAFF) (Filed on 6/1/2011) Modified on 6/2/2011 (jlm, COURT STAFF).

Case4:11-cv-00329-SBA Document80

Filed05/17/11 Page1 of 4

4

Steven W. Ritcheson, Esq. (SBN 174062)
WHITE FIELD, INC.
9800 D Topanga Canyon Blvd. #347
Chatsworth, California 91311
Telephone: [phone]
Facsimile: [phone]
[e-mail]

5

Attorneys for Plaintiff, OLYMPIC DEVELOPMENTS AG, LLC

1
2
3

6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND DIVISION

11
12

OLYMPIC DEVELOPMENTS AG, LLC,

13
14
15
16

Plaintiff,
v.
NINTENDO OF AMERICA INC.,

Case No. 4:11-cv-00329-SBA
JOINT STIPULATION AND
[PROPOSED] ORDER GRANTING
XXXXXXXXX
LEAVE TO FILE AMENDED
COMPLAINT AND WITHDRAWING
MOTION TO DISMISS

Defendant.

17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE
AMENDED COMPLAINT AND WITHDRAWING MOTION TO DISMISS
Case No. 4:11-cv-00329-SBA

Case4:11-cv-00329-SBA Document80

Filed05/17/11 Page2 of 4

1
2
3
4

1.

Plaintiff Olympic Developments AG, LLC originally filed this patent case against

Defendant Nintendo of America Inc. (“Nintendo”) in the Central District of California.
2.

Before responding to Plaintiff’s Complaint, and pursuant to the parties’ stipulation,

5

the Central District Court ordered that the case be transferred to the Northern District of

6

California. (Doc. 43, 54). The case was received in the Northern District of California on

7

January 25, 2011. (Doc. 56.)

8
9
10
11

3.

After the matter was reassigned to the Honorable Saundra Brown Armstrong, on

February 18, 2011, Nintendo moved to dismiss Plaintiff’s claims of indirect infringement. (Doc.
68.) Nintendo’s motion is currently calendared to be heard on June 7, 2011.
4.

Prior to and following the filing of Nintendo’s motion, the Parties met and

12

conferred on the relief requested in Nintendo’s motion to dismiss. The parties now jointly request

13

that the Court grant leave to allow Plaintiff to amend its complaint to remove the allegations of

14

indirect infringement as shown in Exhibit 1 attached hereto within fourteen days of the date this

15

Stipulation is approved by the Court.

16

5.

The Parties further stipulate and agree that Nintendo shall withdraw its motion to

17

dismiss without prejudice upon the Court’s approval of this Stipulation and Plaintiff’s filing of

18

the amended complaint which is attached as Exhibit 1.

19
20

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

21
22
23
24
25
26
27
28

1

JOINT STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE
AMENDED COMPLAINT AND WITHDRAWING MOTION TO DISMISS
Case No. 4:11-cv-00329-SBA

Case4:11-cv-00329-SBA Document80

1
2
3
4

6.

Filed05/17/11 Page3 of 4

Pursuant to Civil L.R. 6.2(a), the Declaration of Steven W. Ritcheson setting forth

the reasons for the extension accompanies this Joint Stipulation and [Proposed] Order.
IT IS SO STIPULATED.
Dated: May 10, 2011
WHITE FIELD, INC.

5
6

By:

/s/ Steven W. Ritcheson______
Steven W. Ritcheson
Attorneys for Plaintiff Olympic
Developments AG, LLC

7
8
9

BAKER & MCKENZIE LLP

10
11

By:

12
13

/s/ D. James Pak __________
D. James Pak
Attorneys for Defendant
Nintendo Of America Inc.

14
15
16
17

Dated: _______________
PURSUANT TO STIPULATION, IT IS SO ORDERED.

18
19

6/1/11
Dated: _______________

___________________________

20

Hon. Saundra Brown Armstrong
XXXXXX Judge of the United States
Magistrate
District Court, Northern District

21
22
23
24
25
26
27
28

2

JOINT STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE
AMENDED COMPLAINT AND WITHDRAWING MOTION TO DISMISS
Case No. 4:11-cv-00329-SBA

Case4:11-cv-00329-SBA Document80

SIGNATURE ATTESTATION

1
2

Filed05/17/11 Page4 of 4

Pursuant to General Order 45.X(B), I hereby attest that concurrence has been obtained

3

from the above-named counsel indicated by a “conformed” signature(s) within this e-filed

4

document.

5

/s/ Steven W. Ritcheson

6

Steven W. Ritcheson

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3

JOINT STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE
AMENDED COMPLAINT AND WITHDRAWING MOTION TO DISMISS
Case No. 4:11-cv-00329-SBA