July 3, 2013
PURPLE HEART PATIENT CENTER, INC., a California corporation, Plaintiff,
MILITARY ORDER OF THE PURPLE HEART OF THE UNITED STATES OF AMERICA, INC., a United States federally charted corporation; and MILITARY ORDER OF THE PURPLE HEART SERVICE FOUNDATION, INC., a Wisconsin corporation, Defendants. AND RELATED COUNTERCLAIMS.
John V. Picone III, Bar No. 187226, Jennifer S. Coleman, Bar No. 213210, HOPKINS & CARLEY A Law Corporation, San Jose, CA.
David R. Cross, Johanna M. Wilbert, QUARLES & BRADY LLP, Milwaukee WI,
Richard Kovelant, Kovelant Law Offices LLC, Annapolis, MD, Attorneys for Defendants/Counter-Plaintiffs, MILITARY ORDER OF THE PURPLE HEART OF THE UNITED STATES OF AMERICA, INC.; and MILITARY ORDER OF THE PURPLE HEART SERVICE FOUNDATION, INC.
DONAHUE GALLAGHER WOODS LLP Steven K. Lee, Eric A. Handler, Daniel J. Schacht, Attorneys for Plaintiff/Counter-Defendant, PURPLE HEART PATIENT CENTER, INC.
STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND TO EXTEND TIME TO ANSWER;
WILLIAM H. ALSUP, District Judge.
Plaintiff/counter-defendant Purple Heart Patient Center, Inc. ("Plaintiff") and Defendants and counter-plaintiffs Military Order of the Purple Heart of the United States of America, Inc. and Military Order of the Purple Heart Service Foundation, Inc. (collectively, "Defendants"), by and through their respective undersigned counsel, stipulate and agree as follows:
WHEREAS Defendants agree pursuant to Fed.R.Civ.P. 15(a)(2) that Plaintiff may file its proposed First Amended Complaint, a copy of which is attached hereto as Exhibit A;
WHEREAS Plaintiff agrees to withdraw its pending Motion For Order Granting Leave To File Amended Complaint (the "Motion"; see Dkt. 36), filed on June 19, 2013; and
WHEREAS Plaintiff agrees that Defendants may have up to and including August 14, 2013 to file their answer or other response to Plaintiff's First Amended Complaint; THEREFORE, the parties hereby agree and stipulate that, subject to the Court's entry of an order approving this Stipulation, Plaintiff will withdraw its pending Motion, Plaintiff's First Amended Complaint will be deemed filed and served upon Defendants as of the date of entry of the Order on this Stipulation, and Defendants' responsive pleading to the First Amended Complaint must be filed with the Court and served upon Plaintiff on or before August 14, 2013.
Pursuant to Local Rule 5-1(i)(3), I hereby certify that I have obtained the concurrence in the filing of this document from all signatories for whom a signature is indicated by a "conformed" signature (/s/) within this electronically filed document and I have on file records to support this concurrence for subsequent production to the Court if so ordered or for inspection
PURSUANT TO STIPULATION, IT IS SO ORDERED.