Spring Design, Inc. v. Barnesandnoble.com, LLC

Filing 84

STIPULATION AND ORDER Granting Leave to File Second Amended Complaint re 82 Stipulation. Deadline to file Second Amended Complaint as a separate docket entry on or before 1/15/2010. Signed by Judge James Ware on 1/11/2010. (ecg, COURT STAFF) (Filed on 1/11/2010)

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

Attorneys for Plaintiff Spring Design Inc.

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F D IS T IC T O R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Spring Design Inc., Plaintiff, v. Barnesandnoble.com LLC, Defendant.

Case No. C 09 05185 JW STIPULATION AND [PROPOSED] ORDER REGARDING LEAVE TO FILE SECOND AMENDED COMPLAINT Trial Date: None set

WHEREAS, Plaintiff Spring Design Inc. ("Spring") served its First Amended Complaint against Defendant Barnesandnoble.com LLC ("B&N") on November 12, 2009; WHEREAS, the parties stipulated on November 25, 2009 that B&N should have until December 14, 2009 to answer or otherwise respond to the First Amended Complaint; WHEREAS, per a further agreement between the parties, B&N has not yet answered or otherwise responded to the First Amended Complaint; IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their respective counsel of record for all purposes in the above-captioned action including trial,
JOINT STIP. RE LEAVE TO FILE SECOND AMENDED COMPLAINT CASE NO. C 09 05185 JW

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LYNN H. PASAHOW (CSB NO. 054283) [e-mail] J. DAVID HADDEN (CSB NO. 176148) [e-mail] SAINA S. SHAMILOV (CSB NO. 215636) [e-mail] ELIZABETH J. WHITE (CSB NO. 262073) [e-mail] FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: [phone]

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

that: 1. Spring may file a Second Amended Complaint, a copy of which is attached hereto as Exhibit A. 2. Defendant B&N will file its motion to dismiss the Second Amended Complaint within the time provided by Fed. R. Civ. P. 15; to the extent B&N is required to answer the Second Amended Complaint, such answer will be due 14 days after a ruling on the motion to dismiss. Dated: December 23, 2009 By: /s/Lynn H. Pasahow Lynn H. Pasahow (CSB No. 054283) [e-mail] FENWICK & WEST LLP 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Spring Design Inc. Dated: December 23, 2009 By: /s/Melissa J. Baily Melissa J. Baily [e-mail] QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 50 California Street, 22nd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Barnesandnoble.com LLC

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JOINT STIP. RE LEAVE TO FILE SECOND AMENDED COMPLAINT

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CASE NO. C 09 05185 JW

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW M O U N T A I N VI E W

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Lynn H. Pasahow, attest that concurrence in the filing of this document has been obtained from the other signatory. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 23, 2009. By: /s/ Lynn H. Pasahow Lynn H. Pasahow

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED. Plaintiff shall file its Second Amended Complaint as a separate docket entry on or before January 15, 2010. January 11 , 2009 Dated: JAMES WARE UNITED STATES DISTRICT JUDGE

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JOINT STIP. RE LEAVE TO FILE SECOND AMENDED COMPLAINT

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CASE NO. C 09 05185 JW