Opinion
Case No. CV 11-01327 PJH
11-17-2011
APPLE INC., a California corporation, Plaintiff and Counter-Defendant, v. AMAZON.COM, INC., a Delaware corporation, and AMAZON DIGITAL SERVICES, INC., a Delaware corporation, Defendants and Counter-Claimants.
DAVID R. EBERHART RYAN J. PADDEN DAVID J. SEPANIK O'MELVENY & MYERS LLP By: David R. Eberhart Attorneys for Plaintiff and Counter-Defendant APPLE INC. MARTIN R. GLICK CLARA J. SHIN SARAH J. GIVAN HOWARD RICE NEMEROVSKI CANADY FALK & RABIN A Professional Corporation By: Martin R. Glick Attorney for Defendants and Counter- Claimants AMAZON.COM, INC. and AMAZON DIGITAL SERVICES, INC.
DAVID R. EBERHART (S.B. #19547
RYAN J. PADDEN (S.B. #204515)
DAVID J. SEPANIK (S.B. #221527)
O'MELVENY & MYERS LLP
Attorneys for Plaintiff
APPLE INC.
ADDITIONAL COUNSEL ON SIGNATURE PAGE
STIPULATION AND [PROPOSED] ORDER RE FILING OF AND RESPONDING TO SECOND
AMENDED COMPLAINT PURSUANT TO F.R.C.P. 15(a)(2)-(3)
Plaintiff and Counter-Defendant Apple, Inc. ("Apple") and Defendants and Counter-Claimants Amazon.com, Inc. and Amazon Digital Services, Inc. (collectively, "Amazon"), hereby consent and stipulate as follows:
WHEREAS, Apple filed a Complaint on March 18, 2011;
WHEREAS, Apple's currently-operative complaint is its Amended Complaint filed on April 8, 2011;
WHEREAS, Apple seeks to file a Second Amended Complaint;
WHEREAS, Apple's Second Amended Complaint is submitted concurrently herewith in accordance with Civil L.R. 10-1;
WHEREAS, pursuant to Federal Rule of Civil Procedure 15(a)(2), Amazon consents to Apple's filing of the Second Amended Complaint;
WHEREAS, by consenting to the filing of a Second Amended Complaint, Amazon is not in any way conceding, and expressly reserves its rights to contest by all permissible procedures and means, (a) the truth of any factual allegation in the Second Amended Complaint; and (b) the legal or factual adequacy of any claim asserted in the Second Amended Complaint.
IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:
1. That pursuant to Federal Rule of Civil Procedure 15(a)(2), Apple's Second Amended Complaint shall be the now-operative pleading in the above-captioned litigation;
2. That, pursuant to Federal Rule of Civil Procedure 15(a)(3), Amazon shall have 30 days from service of the Second Amended Complaint in which to answer or otherwise respond to the Second Amended Complaint
In accordance with N.D. Cal. General Order No. 45, Section X, the filer of this document hereby attests that concurrence in the filing of this document has been obtained from the other signatory hereto.
IT IS SO STIPULATED:
DAVID R. EBERHART
RYAN J. PADDEN
DAVID J. SEPANIK
O'MELVENY & MYERS LLP
By: David R. Eberhart
Attorneys for Plaintiff and Counter-Defendant
APPLE INC.
MARTIN R. GLICK
CLARA J. SHIN
SARAH J. GIVAN
HOWARD RICE NEMEROVSKI CANADY
FALK & RABIN
A Professional Corporation
By: Martin R. Glick
Attorney for Defendants and Counter
Claimants AMAZON.COM, INC. and
AMAZON DIGITAL SERVICES, INC.
ORDER
Based upon the foregoing Stipulation and good cause appearing, IT IS SO ORDERED.
HONORABLE PHYLLIS J. HAMILTON
UNITED STATES DISTRICT JUDGE