NERDS ON CALL, INC. v. INTERNET BILLING SERVICES, INC. et al

Filing 42

STIPULATION of Substitution of Party Under Fed. Rule 15(C), filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan)

NERDS ON CALL, INC. v. INTERNET BILLING SERVICES, INC. et al

Doc. 42

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION NERDS ON CALL, INC., an Indiana corporation Plaintiff, v. INTERNET BILLING SERVICES, INC., and RYAN ELDRIDGE, Individually, Defendants. ) ) ) ) ) ) ) ) ) )

CASE NO. 1:07-cv-0535-DFH-TAB

STIPULATION OF SUBSTITUTION OF PARTY UNDER FED. RULE 15(C) Come now Plaintiff / Counterclaim Defendant Nerds On Call, Inc. (hereinafter "Nerds Indiana"), by counsel, Theodore J. Minch, and Defendants / Counterclaimants Internet Billing Services, Inc. (California) (hereinafter "Nerds California") and Ryan Eldridge, individually (hereinafter "RE") (IBS and RE may be collectively referred to hereinafter as "Counterclaimants"), by counsel Jonathan Polak, (Nerds Indiana and Counterclaimants may, from time to time, be hereinafter collectively referred to hereinafter as the "Parties") and in support of the Parties' stipulation of substitution of Party under Fed. Rule 15(c), hereby state and allege as follows: 1. The Complaint for Damages in this Case was filed by Nerds Indiana on April 27,

2007 (hereinafter the "Complaint") against Nerds California and RE; Nerds California was named as Internet Billing Services, Inc. based upon information counsel for Nerds Indiana had at the time the Complaint was filed. 2. Counsel for Nerds Indiana has learned, upon information voluntarily provided to

counsel for Nerds Indiana by counsel for Nerds California, that Nerds on Call, Inc. (California) is

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a successor corporation to Internet Billing Services, Inc. and that, as such, Internet Billing Services, Inc. is the proper corporate defendant in this Case. 3. "Nerds on Call, Inc., a California corporation" should hereafter therefore be

substituted for Internet Billing Services, Inc. as the properly named Defendant in this Case. WHEREFORE the Parties, Plaintiff / Counterclaim Defendant Nerds on Call, Inc. (Indiana), by counsel, Theodore J. Minch, and Defendants / Counterclaimants Internet Billing Services, Inc. (California) and Ryan Eldridge, individually, by counsel Jonathan Polak, having filed their Stipulation of Substitution of Party under Fed. Rule 15(c), hereby respectfully request that Nerds on Call, Inc., a California corporation be substituted for Internet Billing Services, Inc. as the properly named corporate defendant in this Case and for all other relief, just and appropriate in the premises. Respectfully submitted, By: ____/s/ Theodore J. Minch_______________ Theodore J. Minch (18798-49) Sovich Minch, LLP Attorneys for Nerds on Call, Inc. 10099 Chesapeake Drive, Suite 100 Indianapolis, IN 46055 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] By: ______/s/ Jonathan G. Polak_____________ Jonathan G. Polak, #21954-49 SOMMER BARNARD PC One Indiana Square, Suite 3500 Indianapolis, IN 46204 e-mail: [e-mail]

PROOF OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing was served upon the following counsel for record this 4th day of February, 2008 via electronic mail only: Jonathan G. Polak, #21954-49 SOMMER BARNARD PC One Indiana Square, Suite 3500 Indianapolis, IN 46204 e-mail: [e-mail] /s/ Theodore J. Minch______________ Theodore J. Minch, #18798-49 SOVICH MINCH, LLP Attorney for Plaintiff Nerds on Call, Inc. E-Mail: [e-mail]
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