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ADT Sec. Servs., Inc. v. Sec. One Int'l, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION
Mar 29, 2013
CIVIL ACTION No. C 11-05149 YGR (N.D. Cal. Mar. 29, 2013)

Opinion

CIVIL ACTION No. C 11-05149 YGR

03-29-2013

ADT SECURITY SERVICES, INC., Plaintiff, v. SECURITY ONE INTERNATIONAL, INC., CLAUDIO HAND, and SAFE HOME SECURITY, INC., Defendants.

MILLSTEIN & ASSOCIATES David J. Millstein Attorneys for the Plaintiff, ADT Security Services, Inc. FREEBORN & PETERS LLP John O'Bryan Attorneys for Defendants Security One International and Claudio Hand


David J. Millstein, Esq. (SBN 8)
MILLSTEIN & ASSOCIATES
100 The Embarcadero, Suite 200
San Francisco, California 94105
Tel: 415.348-0348
Fax: 415.348-0336
dmillstein@millstein-law.com
Attorneys for Plaintiff ADT Security Services, Inc.

STIPULATION TO AMEND THE

COMPLAINT; [PROPOSED] ORDER

The parties, Plaintiff ADT SECURITY SERVICES, INC., and Defendants SECURITY ONE INTERNATIONAL, INC., and CLAUDIO HAND, hereby stipulate to the filing of the Fourth Amended Complaint (a true and correct copy of which is attached hereto as "Exhibit 1"), and ask the Court for leave to file it. The Fourth Amended Complaint pares the current pleading from twelve claims to three; removes all claims for relief based on willful misconduct; eliminates the defendants' exposure to awards of punitive damages and attorney fees; more accurately reflects the proof that plaintiff expects to present at trial; and simplifies the case for trial. The Fourth Amended Complaint asserts no new claim not already encompassed by the current complaint. The Fourth Amended Complaint will require no additional discovery or pretrial practice.

Both current Defendants, CLAUDIO HAND and SECURITY ONE INTERNATIONAL, INC., by their counsel agree to the amendment. If the Court grants ADT leave to file this Fourth Amended Complaint, Defendants will not move to dismiss the new complaint, and instead will raise any Rule 12(b)(6) defenses to the new complaint in their answer. The parties respectfully request that Defendants' answer be due 21 days after service of the Fourth Amended Complaint.

So stipulated.

Respectfully submitted,

MILLSTEIN & ASSOCIATES

By: ________________________

David J. Millstein

Attorneys for the Plaintiff,

ADT Security Services, Inc.

FREEBORN & PETERS LLP

By: ________________________

John O'Bryan

Attorneys for Defendants Security One

International and Claudio Hand

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1

I, David J. Millstein, am the ECF User whose ID and password are being used to file this Stipulation and Proposed Order. In compliance with Civil L.R. 5-1, I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 28th day of March 2013, at San Francisco, California.

________________________

David J. Millstein

PURSUANT TO STIPULATION, IT IS SO ORDERED.

________________________

United States District Judge Gonzalez Rogers


Summaries of

ADT Sec. Servs., Inc. v. Sec. One Int'l, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION
Mar 29, 2013
CIVIL ACTION No. C 11-05149 YGR (N.D. Cal. Mar. 29, 2013)
Case details for

ADT Sec. Servs., Inc. v. Sec. One Int'l, Inc.

Case Details

Full title:ADT SECURITY SERVICES, INC., Plaintiff, v. SECURITY ONE INTERNATIONAL…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION

Date published: Mar 29, 2013

Citations

CIVIL ACTION No. C 11-05149 YGR (N.D. Cal. Mar. 29, 2013)