UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
November 28, 2012
JOE QUIRK, INC., ET AL., PLAINTIFF,
SONY PICTURES ENTERTAINMENT
The opinion of the court was delivered by: Honorable Richard Seeborg District Court Judge
STIPULATION AND [PROPOSED] ORDER TO PERMIT PLAINTIFF TO FILE A FIFTH AMENDED COMPLAINT TO ADD DEFENDANT KOEPP'S "LOAN-OUT COMPANY" AS A DEFENDANT [L.R. 6-1(b)] Trial Date: March 25, 2013 Fourth Amended Complaint Filed: 8/2/12
("plaintiff") and defendants Sony Pictures Entertainment Inc. ("Sony"), Columbia Pictures 3
"defendants") (plaintiff and defendants together, "stipulating parties"), by and through their 5 undersigned attorneys, hereby stipulate as follows: 6 7
A. WHEREAS, plaintiff intends to file a Fifth Amended Complaint to add
9 defendant, DGK, Inc., defendant Koepp's "loan-out company," to all claims for relief in the 10 above-entitled action based upon information obtained in discovery; 11
12 claims against any defendants, including the loan-out company, defendants have agreed to 13 permit plaintiff to file his Fifth Amended Complaint and to add DGK, Inc. as a defendant to 14 all claims for relief alleged in the Complaint, on the terms and conditions described below; 15
1. Plaintiff may file his Fifth Amended Complaint to add defendant DGK, Inc.
17 as a defendant to all claims for relief alleged in the Complaint; 18 19 other than the newly added party making disclosures under Federal Rule of Civil Procedure 20
23 motion for summary judgment filed by defendants, or any future motion for summary 24 judgment that may be filed (any order on the pending or any future motion for summary 25 judgment relating to defendant Koepp shall also apply to DGK, Inc.); and 26
Amended Complaint on behalf of defendant DGK, Inc. by electronic mail; and 28 29 30
Pursuant to Northern District of California Local Rule 6-1(b), plaintiff Joe Quirk
Industries, Inc. ("Columbia"), Pariah, David Koepp and John Kamps (collectively, 4
B. WHEREAS, while defendants deny that there is any basis for any of the
IT IS HEREBY STIPULATED:
2. Discovery shall not reopen, and no new additional discovery shall be taken,
26, and any expert discovery that is timely as of the date of the filing of the Fifth Amended 21
3. The filing of the Fifth Amended Complaint shall not affect the pending
4. Defendants' counsel of record has agreed to accept service of the Fifth
5. No deadlines in this case shall be affected by the filing of the Fifth Amended
IT IS SO STIPULATED.
Dated: November 28, 2012. VALLE MAKOFF LLP By: /s/ Heather A. Landis Heather A. Landis Attorneys for Plaintiff Joe Quirk Dated: November 28, 2012. CALDWELL LESLIE & PROCTOR, PC By: /s/ Andrew Esbenshade Andrew Esbenshade Attorneys for Defendants Sony Pictures Entertainment Inc.; Columbia Pictures Industries, Inc.; Pariah; David Koepp; and John Kamps
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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