MasterObjects, Inc. v. Google, Inc.

Filing 26

STIPULATION AND ORDER FOR WITHRAWAL OF DEFENDANT'S MOTION TO DISMISS re 24 Stipulation, filed by Google, Inc. Signed by Judge Phyllis J. Hamilton on 6/10/11. (nah, COURT STAFF) (Filed on 6/10/2011)

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SPENCER HOSIE (SBN 101777)
[e-mail]
GEORGE F. BISHOP (SBN 89205)
[e-mail]
DIANE S. RICE (SBN 118303)
[e-mail]
WILLIAM P. NELSON (SBN 196091)
[e-mail]
HOSIE RICE LLP
600 Montgomery Street, 34 th Floor
San Francisco, CA 941111
[phone] Tel.
[phone] Fax

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TERRENCE P. McMAHON (SBN 71910)
[e-mail]
VERA M. ELSON (SBN 156327)
[e-mail]
VANESSA LEFORT (SBN 260687)
[e-mail]
McDERMOTT WILL & EMERY LLP
275 Middlefield Road, Suite 100
Menlo Park, CA 94024-4004
[phone] Tel.
[phone] Fax
Attorneys for Defendant
GOGGLE INC.

Attorneys for Plaintiff
MASTEROBJECTS, INC.

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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MASTEROBJECTS, INC.,
Case No. CV 11-1054 PJH

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Plaintiff,
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v.

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GOOGLE INC.,
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Defendant.

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STIPULATION AND [PROPOSED] ORDER FOR
WlTHDRA W AL OF DEFENDANT'S MOTION TO DISMISS

STIPULATION AND [PROPOSED]
ORDER FOR WITHDRAWAL OF
DEFENDANT'S MOTION TO DISMISS

Plaintiff MasterObjects, Inc. ("Plaintiff') and defendant Google Inc. ("Defendant"),

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hereby stipulate through their respective counsel of record as follows:
WHEREAS, on or about March 7, 2011, Plaintiff served its Original Complaint upon

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Defendant;

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WHEREAS, Defendant filed a Motion to Dismiss the Original Complaint, or in the

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Alternative, For a More Definite Statement (D.N. 11) under F.R.C.P. 12 on April 27, 2011;

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WHEREAS, Plaintiff filed a First Amended Complaint (D.N. 22-1) and Stipulation

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and [Proposed] Order for Leave to File a First Amended Complaint (D.N. 22) on June 8,
2011;
WHEREAS, Google stipulates to withdrawing, without prejudice to refile its Motion
to Dismiss the Original Complaint, or in the Alternative, For a More Definite Statement
(D.N. 11) filed on April 27, 2011;

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WHEREAS, if the Court denies Plaintiffs request for leave to file its First Amended
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Complaint, Google reserves all rights to re-file its current Motion to Dismiss the Original
Complaint, or in the Alternative, For a More Definite Statement;
WHEREAS, if the Court grants Plaintiffs request for leave to file its First Amended
Complaint, Google reserves all rights to respond as it deems appropriate to the Plaintiffs
First Amended Complaint, including with respect to any objections, defenses, and/or
perceived deficiencies under F.R.C.P. 12 or any other federal or local rule;

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WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES HERETO that
Plaintiff does not oppose Defendant's withdrawal of its Motion to Dismiss the Original

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Complaint, or in the Alternative, For a More Definite Statement (D.N. 11) under F.R.C.P. 12

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filed on April 27, 2011.

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STIPULATION AND [PROPOSED] ORDER FOR
WITHDRAWAL OF DEFENDANT'S MOTION TO DISMISS

Case No. CV 11-1054 PJH

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Dated: June 9, 2011

McDERMOTT WILL & EMERY LLP

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By: -.lsi Vera MElson
Vera M. Elson
Attorneys for Defendant
Google Inc.

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HOSIE RICE LLP

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By: lsi William P. Nelson
William P. Nelson
Attorneys for Plaintiff
MasterObjects, Inc.

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I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic
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filing of this document has been obtained from the other signatories.
Dated: June 9, 2011

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lsi
Vera MElson
Vera M. Elson

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STIPULATION AND [PROPOSED] ORDER FOR
WITHDRAWAL OF DEFENDANT'S MOTION TO DISMISS

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Case No. CV 11-1054 PJH

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PURSUANT TO STIPULATION IT IS ORDERED THAT

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Stipulation to withdraw Defendant's Motion to Dismiss the Original Complaint, or in

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the Alternative, For a More Definite Statement (D.N. 11), filed on April 27, 2011 is

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GRANTED WITHOUT PREJUDICE.

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U.S. District Court Judge
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hyllis J.

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DERED
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Honorable
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Dated: June _,2011

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STIPULATION AND [PROPOSED] ORDER FOR
WITHDRAWAL OF DEFENDANT'S MOTION TO DISMISS

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Case No. CV 11-1054 PJH