Free Stipulation - District Court of California - California

Case 3:07-cv-04015-MMC

Document 17

Filed 12/06/2007

Page 1 of 4

Chrstopher W. Brown, SBN 243472
1 The DuBoff

Law Group, LLC 6665 SW Hampton Street, Suite 200

2 Portland, Oregon 97223-8357

Telephone: (503) 968-8111
3 Facsimile: (503) 968-7228

cbrown~duboffaw.com
4

Attorney for Defendants Michael D. Sage
5 and Susan Gilmour Sage
6

Lawrence G. Townsend, Esq., SBN 88184 7 ltownsend~owe.com
Linda Joy Kattnkel, Esq. SBN 164283

8 lik~owe.com
Owen, Wickersham & Erickson, PC
9 455 Market Street, Ste. 1910

San Francisco, CA 94105
10 phone: (415) 882-3200
fax: (415) 882-3232
11

Attorneys for Plaintiff Leaf Lines, LLC
12
13

UNTED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

14
15

LEAF LINES, LLC, a California Company,
16

Case No. CV074015MMC
STIPULATION AND (PROPOSED)

Plaintiff,
17

v.
18

19

MICHAEL D. SAGE and SUSAN GILMOUR SAGE, Washington State residents dba SAGE DESIGNS, and DOES 1-100
Defendants.

ORDER TO WAIVE ANSWER TO COMPLAINT AND FOR FILING OF FIRST AMENDED COMPLAINT

20
21

22 Counsel report that they have met and conferred regarding this request and have reached
23 the following stipulation pursuant to Civil L.R. 6-2 and 7-12:
24
1.

Defendants' Answer to the Complaint is curently due on December 6,2007.

25 Defendants were prepared to bring a Motion to dismiss certain claims for, among other things,

26

-1- STIPULATION AN (PROPOSED) ORDER TO WAIVE ANSWER TO COMPLAIT AN FOR FILING OF FIRST AMENDED COMPLAINT Case No. CV074015MMC
\\Jelad\Clients\3400-3499\3443\Pleadings\Stipulated MOTION FOR FILING 1ST AM COMPLAINT.DOC

Case 3:07-cv-04015-MMC

Document 17

Filed 12/06/2007

Page 2 of 4

1 lack of standing with respect to the copyrght infrngement claims. Defendants were also
2 prepared to challenge the other claims in the Complaint on related grounds.

3

2.

Plaintiff can resolve Defendants' concerns by fiing a First Amended Complaint.

4 Plaintiff fuher has agreed to prepare and file a First Amended Complaint by or on December

5 21, 2007. Defendants agree to this time frame to resolve this issue without motion practice.
6 3.

The Parties stipulate to permitting Defendants not to answer or respond to the

7 Complaint, and instead wait to fie an Answer and Counterclaims to the First Amended

8 Complaint, which they wil do by or on January 4,2008.

9

4.

The Paries agree that Plaintiff

wil respond to any counterclaims raised by

10 Defendants in the time permitted by the Federal Rules of Civil Procedure.
11

5.

The Paries further agree that this schedule wil not affect the schedule for the

12 CMC Report due on December 7,2007 or the CMC Conference scheduled for December 14,

13 2007.

14 Good cause is demonstrated by the facts established herein.
15

16
17 18

ïll;l~stoPHer W. Brown, SBN 243472

Dated: December 6, 2007

Isl Linda Joy Kattinkel Linda Joy Kattinkel, SBN 164283
Attorney for Plaintiff Leaf Lines, LLC

19

Attorney for Defendants Michael Sage and Susan Gilmour Sage, dba Sage Designs

20 I I I 21 I I I 22 I I I 23 I I I 24 I I I 25 I I I 26 I I I
-2- STIPULATION AN (PROPOSED) ORDER TO WAIVE ANSWER TO

COMPLAIT AN FOR FILING OF FIRST AMENDED COMPLAIT
Case No. CV074015MMC
\\Jelad\Clients\3400-3499\3443\Pleadings\Stipulated MOTION FOR FILING 1ST AM COMPLAINT.DOC

Case 3:07-cv-04015-MMC

Document 17

Filed 12/06/2007

Page 3 of 4

1 (PROPOSED) ORDER
2 Pursuant to the Stipulation above, Defendants are not required to respond to the

3 Complaint. Plaintiff wil file its First Amended Complaint by or on December 21, 2007.
will
4 Defendants will respond to the First Amended Complaint by or on January 4,2008. Plaintiff

5 respond to any counterclaims in the time permitted by the Federal Rules of Civil Procedure.

6 IT is SO ORDERED.
7
8

DATED this

day of

December, 2007.

9
10
11

HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

12
13

14
15

16 17
18

19

20
21

22
23

24
25

26

-3- STIPULATION AND (PROPOSED) ORDER TO WAIVE ANSWER TO COMPLAINT AND FOR FILING OF FIRST AMENDED COMPLAINT Case No. CV074015MMC
\\Jelad\Clients\3400-3499\3443\Pleadings\Stipulated MOTION FOR FILING 1ST AM COMPLAINT.

DOC

Case 3:07-cv-04015-MMC

Document 17

Filed 12/06/2007

Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below, I served a true copy of

the foregoing

2

STIPULATION AND (PROPOSED) ORDER TO WAIVE ANSWER TO COMPLAINT
3

AND FOR FILING OF FIRST AMENDED COMPLAINT on the individuals listed below:

4
5

Linda Joy Kattinkel

6 7
8

Owen, Wickersham & Erickson, P.C. 455 Market Street, Suite 1910 San Francisco, CA 94105 Tel: 415-882-3200 Fax: 415-882-3232 Email: ljk(êowe.com

9 10
11

Attorney for Plaintiff, Leaf Lines, LLC

() by mailng a full, true, and correct copy thereof in a sealed first-class postage-prepaid
12
13
envelope, addressed to the attorney as shown above, the last-known office address of

the attorney, and deposited with the United States Postal Service at Portland, Oregon, on the date set forth below.

14 15

() by causing a full, true, and correct copy thereof

to be hand-delivered to the attorney at the attorney's last-known offce address listed above on the date set forth below.

16
17 18 19

() by sending a full, true, and correct copy thereof

via overnight courier in a sealed, prepaid envelope, addressed to the attorney as shown above, the last-known offce the attorney, on the date set forth below. address of
to the attorney at the fax number shown above, which is the last-known fax number for the attorney's offce, on the date set forth

() by faxing a full, true, and correct copy thereof

20
21

below. The receiving fax machine was operating at the time of service and the transmission was properly completed.
( x ) by emailng a full, tre and correct copy thereof to the attorney at the email address

22
23

shown above, which is the last-known email address for the attorney, on the date set forth below.
DATED this 6th day of

December, 2007.

24
25

26

W'. ~
J .

fer ~paralegal

1- CERTIFICATE OF SERVICE
\\Jelad\Clients\3400-3499\3443\Pleadings\CERTIFICATE OF SERVICE STIP. AND PROPOSED
ORDER TO WAIVE ANSWER.DOC