VMware, Inc. v. Schultz

Filing 18

ORDER GRANTING JOINT STIPULATION TO FILE PLAINTIFF VMWARE'S AMENDED COMPLAINT AND WITHDRAW DEFENDANT RACHEL SCHULTZ'S PARTIAL MOTION TO DISMISS, granting 16 . Signed by Hon. Edward J. Davila on 7/12/2016. (ofr, COURT STAFF) (Filed on 7/12/2016)

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DAVID R. BURTT (BAR NO 201220)
[e-mail]
MOBILITY LEGAL P.C.
317 Washington St. #207
Oakland, California 94607
Telephone: [phone]

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Attorneys for Plaintiff
VMWARE, INC.

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ARTURO J. GONZALEZ (BAR NO. 121490)
[e-mail]
ANNA T. FERRARI (BAR NO. 261579)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone: [phone]
Facsimile: 415.268.7522

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Attorneys for Defendant
RACHEL SCHULTZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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VMWARE, INC.,
Plaintiff,

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Case No.

v.
RACHEL SCHULTZ,

5:16-cv-02552-EJD

JOINT STIPULATION TO FILE
PLAINTIFF VMWARE’S
AMENDED COMPLAINT AND
WITHDRAW DEFENDANT
RACHEL SCHULTZ’S PARTIAL
MOTION TO DISMISS

Defendant.
Ctrm: 4
Judge Edward J. Davila

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Plaintiff VMware, Inc., and defendant Rachel Schultz (collectively, the “Parties”) file this

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joint stipulation to withdraw the partial motion to dismiss filed by Ms. Schultz on June 23, 2016

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in light of Plaintiff’s filing of its First Amended Complaint pursuant to Rule 15(a)(1)(B) of the

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Federal Rules of Civil Procedure.

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JOINT STIPULATION TO FILE PLAINTIFF VMWARE’S AMENDED COMPLAINT AND WITHDRAW DEFENDANT
RACHEL SCHULTZ’S PARTIAL MOTION TO DISMISS
Case No. 5:16-cv-02552-EJD
sf-3671380

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WHEREAS, on May 11, 2016, VMware filed a Complaint asserting a cause of action for
violation of California’s Unfair Competition Law (ECF No. 1);
WHEREAS, on June 23, 2016, Ms. Schultz filed a partial motion to dismiss (ECF No. 14)
the above-referenced cause of action (ECF No. 14);

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WHEREAS, in the spirit of compromise and to avoid burdening the Court, VMware has

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prepared an Amended Complaint, a copy of which is attached as Exhibit 1 to this stipulation, that

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it has agreed to file in this action as a matter of course pursuant to Rule 15(a)(1)(B);

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WHEREAS, the Parties agree that the Amended Complaint moots the arguments raised in
Ms. Schultz’s partial motion to dismiss;

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THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES

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that, by the filing of this stipulation, Ms. Schultz hereby withdraws the partial motion to dismiss

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filed on June 23, 2016 (ECF No. 14), provided that VMware files its Amended Complaint within

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the time proscribed by Rule 15(a)(1)(B).

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Dated: July 11, 2016

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ARTURO J. GONZÁLEZ
ANNA T. FERRARI
MORRISON & FOERSTER LLP

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By:

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Attorneys for Plaintiff
VMWARE, INC.

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/s/ Arturo J. González
ARTURO J. GONZÁLEZ

Dated: July 11, 2016

DAVID R. BURTT
MOBILITY LEGAL P.C.

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By:

/s/ David R. Burtt
DAVID R. BURTT
Attorneys for Defendant
RACHEL SCHULTZ

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JOINT STIPULATION TO FILE PLAINTIFF VMWARE’S AMENDED COMPLAINT AND WITHDRAW DEFENDANT
RACHEL SCHULTZ’S PARTIAL MOTION TO DISMISS
Case No. 5:16-cv-02552-EJD
sf-3671380

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ATTESTATION

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I, Arturo J. González, am the ECF User whose ID and Password are being used to file this

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document. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that David R. Burtt concurs in

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this filing.

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Dated: July 11, 2016

MORRISON & FOERSTER LLP

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By:

/s/ Arturo J. González
ARTURO J. GONZÁLEZ

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JOINT STIPULATION TO FILE PLAINTIFF VMWARE’S AMENDED COMPLAINT AND WITHDRAW DEFENDANT
RACHEL SCHULTZ’S PARTIAL MOTION TO DISMISS
Case No. 5:16-cv-02552-EJD
sf-3671380

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