The opinion of the court was delivered by: Honorable Charles R. Breyer
STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF CHANEL, INC. LEAVE TO FILE FIRST AMENDED COMPLAINT
Pursuant to Civil Local Rule 7-12, plaintiff Chanel, Inc. ("Chanel") and defendants Susan L. Pacini and Master Marketeers, Inc., (collectively "Defendants") stipulate as follows and respectfully request that the Court enter the following Proposed Order:
WHEREAS on or about November 26, 2007, Chanel filed its original Complaint in this action naming Susan Pacini as the sole defendant, "doing business as" a variety of entities;
WHEREAS on December 24, 2007, defendant Susan Pacini was served; WHEREAS on April 7, 2008, Master Marketeers, Inc., filed an Answer to Chanel's Complaint;
WHEREAS Chanel's Complaint against Susan Pacini did not include Master Marketeers, Inc. as a named defendant;
WHEREAS, it is the position of defendants that Master Marketeers, Inc. was named as a defendant and an amendment is only needed to avoid any potential dispute in this regard;
WHEREAS, the parties have agreed that Plaintiff may amend the Complaint to name Master Marketeers, Inc. as a defendant in this case;
WHEREAS, although Master Marketeers, Inc. has already answered, counsel for defendants is willing to stipulate to the filing of the First Amended Complaint on behalf of Chanel, Inc.;
IT IS HEREBY STIPULATED AND AGREED THAT, subject to Court approval, Chanel shall file the First Amended Complaint naming Master Marketeers, Inc. as a defendant, a copy of which is attached as Exhibit A; and
IT IS FURTHER STIPULATED AND AGREED THAT Defendants Pacini and Mass Marketers, Inc. shall have ten days from the filing of the First Amended Complaint within which to file their Answer(s).
IT IS SO STIPULATED AND AGREED,
KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP MICHAEL D. LISI Attorneys for Plaintiff CHANEL, INC.
TINGLEY PIOTKOWSK LLP BRUCE PIONTKOWSKI Attorney for Defendants SUSAN PACINI & ...