Pace Anti-Piracy, Inc. v. Inside Secure et al

Filing 63

ORDER by Judge Haywood S. Gilliam, Jr. Granting 62 Stipulation to File First Amended Complaint. (ndrS, COURT STAFF) (Filed on 4/10/2018)

1
2
3
4
5
6
7
8
9
10

John V. Picone III (State Bar No. 187226)
[e-mail]
Jennifer Coleman (State Bar No. 213210)
[e-mail]
C. Gideon Korrell (State Bar No. 284890)
[e-mail]
HOPKINS & CARLEY
A Law Corporation
The Letitia Building
70 South First Street
San Jose, CA 95113-2406
mailing address:
P.O. Box 1469
San Jose, CA 95109-1469
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
PACE Anti-Piracy, Inc.

11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

OAKLAND DIVISION

15

PACE ANTI-PIRACY, INC., a California
corporation,

16

CASE NO. 4:17-cv-05860-HSG
STIPULATION AND ORDER TO FILE
FIRST AMENDED COMPLAINT

Plaintiff,
17
v.
18
19

INSIDE SECURE S.A., a French legal
entity, and INSIDE SECURE CORP., a
Delaware corporation,

20
Defendants.
21
22

STIPULATION

23
Plaintiff PACE Anti-Piracy, Inc. (“Plaintiff”) and defendants Inside Secure S.A. and

24
25

Inside Secure Corp. (“Defendants”) by, and through their respective counsel, jointly stipulate as

26

follows:
WHEREAS, Plaintiff filed the instant action on October 12, 2017;

27
28
H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

///
870\2949732.2

STIPULATION AND ORDER

1
2

WHEREAS, on December 26, 2017, Defendants filed a motion to dismiss,, which is now
fully briefed;

3
4

WHEREAS, on February 7, 2018, the Court issued an order (Dkt. 53) setting the deadline
for amending pleadings and joining parties for April 9, 2018;

5

WHEREAS, Plaintiff intends to file a First Amended Complaint to assert two additional

6

causes of action of induced infringement and contributory infringement (Attached hereto as

7

Exhibit 1);

8
9

WHEREAS, FRCP Rule 15(a)(2) permits a party to amend its pleading with the opposing
party’s written consent or the court’s leave;

10
11

WHEREAS, Defendants do not oppose or object to the filing of the First Amended
Complaint;

12

WHEREAS, the filing of the First Amended Complaint does not affect the issues raised

13

by Defendants’ pending motion, which, if granted, would result in dismissal of all causes of

14

action in the First Amended Complaint;

15
16
17

NOW IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and
Defendants, through their undersigned counsel of record, that:

18

1. Plaintiff may file its First Amended Complaint; and

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///

H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

870\2949732.2

-2STIPULATION AND ORDER

1

2. Defendants do not need to re-file their pending motion to dismiss or otherwise

2

respond to the First Amended Complaint prior to the resolution of that motion.

3

IT IS SO STIPULATED

4
5

Dated: April 10, 2018

6

HOPKINS & CARLEY
A Law Corporation

7
By: /s/ John V. Picone III
John V. Picone III
Jennifer S. Coleman
C. Gideon Korrell
Attorneys for Plaintiff
PACE Anti-Piracy, Inc.

8
9
10
11
Dated: April 10, 2018
12

SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP

13
By: /s/ James Y. Pak
James Y. Pak
Attorneys for Defendants
Inside Secure and Inside Secure Corp.

14
15
16

ATTESTATION OF E-FILED SIGNATURE

17
18

Pursuant to Local Rule 5-1(i)(3), I hereby certify that I have obtained the concurrence in

19

the filing of this document from all signatories for whom a signature is indicated by a

20

“conformed” signature (/ s /) within this electronically filed document and I have on file records

21

to support this concurrence for subsequent production to the Court if so ordered or for inspection

22

upon request.

23
Dated: April 10, 2018
24
25

By: /s/ John Picone
John V. Picone III
Attorney for Plaintiff
PACE Anti-Piracy, Inc.

26
27
28
H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

870\2949732.2

-3STIPULATION AND ORDER

1
2

ORD
DER
Pursua to FRCP Rule 15, the Court’s Feb
ant
e
bruary 7, 20 schedulin order, stip
018
ng
pulation of

3

the parties, and good cause appearing therefore, th Plaintiff is hereby gra
e
he
anted leave to file its

4

First Amended Complaint
d
t.

5
6

IT IS SO ORDERE
S
ED.

7
8

Dated: April 10, 2018
2
__
__________
___________
_________
H
HAYWOOD S. GILLIAM JR.
M,
U
United States District Jud
dge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

870
0\2949732.2

-4ST
TIPULATION AND ORDER
R