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