Google v. Pacific Webworks

Filing 40

Stipulated MOTION to Amend/Correct Complaint filed by Plaintiff Google. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Text of Proposed Order)(Haley, George)

HOLME ROBERTS & OWEN LLP Scott R. Bialecki (Pro Hac Vice) [e-mail] Roger R. Myers (Pro Hac Vice) [e-mail] George M. Haley, #1302 [e-mail] Blaine J. Benard, #5661 [e-mail] Craig Buschmann, #10696 [e-mail] 299 South Main Street, Suite 1800 Salt Lake City, UT 84111-2263 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff GOOGLE INC. IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION GOOGLE INC., a Delaware corporation, Plaintiff, v. PACIFIC WEBWORKS, INC., a Nevada corporation, and DOES 1-50, Defendants. Case No. 2:09-cv-1068-BSJ STIPULATED MOTION TO AMEND COMPLAINT Judge: Bruce S. Jenkins

Plaintiff Google Inc. ("Google") and Defendant Pacific WebWorks, Inc ("Pacific WebWorks") (collectively, the "Parties"), by and through their undersigned counsel, submit this Stipulated Motion to Amend Complaint ("Motion"). In support of this Motion, the Parties state as follows:

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Good cause exists to grant this Motion. Among other things, Google has

advanced this case by naming one of the Doe Defendants in its First Amended Complaint, which has been attached hereto as Exhibit A ("Amended Complaint"). 2. Pursuant to Fed. R. Civ. P. 15(a)(2), "a party may amend its pleading . . . with the

opposing party's written consent or the court's leave." 3. Pacific WebWorks consents to Google amending its Complaint in the form

attached hereto. As such, the Parties stipulate to the entry of Google's Amended Complaint. 4. Pursuant to D.U. Civ. R. 7-1(b), the Parties believe no memorandum of

supporting authorities is required for this type of motion. WHEREFORE, the Parties jointly request the Court to enter and deem filed Google's First Amended Complaint as provided herewith as Exhibit A. For the Court's convenience, a proposed Order has been filed herewith.

Dated this 17th day of May, 2010. /s/ George M. Haley HOLME ROBERTS & OWEN LLP Scott R. Bialecki (Pro Hac Vice) Roger R. Myers (Pro Hac Vice) George M. Haley, #1302 Blaine J. Benard, #5661 Craig Buschmann, #10696 Attorneys for Google Inc. /s/ Jeffery M. Lillywhite Daniel W. Jackson, #1633 Jeffery M. Lillywhite, #8920 Attorneys for Pacific WebWorks, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on the 17th day of May, 2010, I caused a true and correct copy of the STIPULATED MOTION TO AMEND COMPLAINT to be served as follows:

Jeffery M. Lillywhite 953 East 12400 South Suite A Draper, UT 84020 Daniel W. Jackson 2157 Lincoln Street Salt Lake City, Utah 84106

_____ U.S. Mail, postage prepaid _____ Hand Delivery _____ Facsimile _____ Overnight courier X E-Mail and/or CM/ECF _____ U.S. Mail, postage prepaid _____ Hand Delivery _____ Facsimile _____ Overnight courier X E-Mail and/or CM/ECF

By: /s/ Patricia L. Gray

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