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

Filing 46

STIPULATION to File Amended Answer under Rule 15(a)(2), re 45 Amended Answer to Complaint, filed by Plaintiff NERDS ON CALL, INC., Defendants NERDS ON CALL, INC., RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Minch, Theodore) Modified on 4/25/2008 (LSC).

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

Doc. 46

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION NERDS ON CALL, INC., Case No.: 1:07-cv-0535-DFH-TAB Plaintiff, vs. NERDS ON CALL, INC., and RYAN ELDRIDGE, Individually, Defendants. AND RELATED COUNTERCLAIMS. STIPULATION TO FILE AMENDED ANSWER UNDER RULE 15(a)(2) Plaintiff Nerds On Call, Inc. ("Nerds/Indiana") and Defendants Nerds on Call, Inc. and Ryan Eldridge (cumulatively "Nerds/California"), by their respective attorneys, hereby state and allege as follows: 1. 2. Nerds/Indiana filed its complaint in this action on April 27, 2007. Dkt. 1. Nerds/California timely responded on October 15, 2007 by filing a motion to

dismiss under Rules 12(b)(2), 12(b)(3), and 12(b)(5). Dkt. 15. That motion is fully briefed and is currently pending a decision. 3. Preserving its arguments in support of its motion to dismiss, Nerds/California also

Answered the complaint and filed three declaratory relief Counterclaims against Nerds/Indiana on December 19, 2007. Dkt. 32. 4. Nerds/Indiana timely filed its Answer to Nerds/California's Counterclaims on

February 6, 2008. Dkt. 44. The Parties now stipulate that Nerds/Indiana may file the Amended Answer to Nerds/California's Counterclaims that is attached hereto as Exhibit A. 5. The Parties' stipulation is solely for the purpose of clarifying the substance of

Nerds/Indiana's Answer. Nerds/California retains all of its rights to object and oppose the

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substance and merits of Nerds/Indiana's Amended Answer. Respectfully submitted, Date: 04/24/2008 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]

Date: 04/24/2008

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 24th day of April, 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]