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Cytosport, Inc. v. Vital Pharmaceuticals

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 7, 2009

CYTOSPORT, INC., PLAINTIFF,
v.
VITAL PHARMACEUTICALS, INC., DEFENDANT.

ORDER RE (1) MOTION TO AMEND ANSWER (#100); (2) LEAVE TO FILE THIRD AMENDED COMPLAINT AND AMEND ANSWER WITH COUNTERCLAIM; AND (3) EXTENSION OF DISCOVERY CUT-OFF DATE Disc. Cut-Off:April 10, 2010 Trial Date: None Set

The Court, having reviewed the parties' Stipulation Requesting Order Permitting Amendment Of The Pleadings (the "Stipulation), and good cause appearing therefor, hereby ORDERS as follows:

1. The Amended Answer, Affirmative Defenses, and Counterclaim, attached to the Stipulation as Exhibit 1, is deemed filed and served on the date of entry of this order;

2. The Third Amended Complaint, attached to the Stipulation as Exhibit 2, is deemed filed and served on the date of entry of this order;

3. The discovery cut-off date is hereby extended from April 10, 2010, to July 31, 2010;

4. The Motion To Amend Answer And Affirmative Defenses To State Counterclaims (#100) is taken off calendar as moot;

4. The parties shall have 20 days from on the date of enry of this order to respond to the amended pleadings.

IT IS SO ORDERED.

20091207

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