`
`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`FORT MYERS DIVISION
`
`
`
`Case No. 2:17-cv-00062-UA-MRM
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`
`
`
`HERBERT E. TOWNSEND, an individual,
`
`Plaintiff,
`
`v.
`
`BROOKS SPORTS, INC., a Washington
`corporation,
`
`Defendant.
`
`
`
`JOINT STIPULATION REGARDING
`PLAINTIFF’S MOTION TO DISMISS AND/OR STRIKE
`PORTIONS OF DEFENDANT’S ANSWER AND COUNTERCLAIMS
`
`Plaintiff Herbert E. Townsend (“Townsend”) and Defendant Brooks Sports, Inc.
`
`(“Brooks”) file this stipulation regarding Townsend’s Motion to Dismiss Defendant’s
`
`Counterclaim for Declaratory Judgment of Invalidity and to Strike Defendant’s Affirmative
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`Defense of Invalidity (Dkt. No. 21, “Motion to Dismiss”).
`
`Pursuant to Local Rule 3.01(b), the deadline for Brooks to file a response to the Motion
`
`to Dismiss is May 9, 2017. After Townsend filed the Motion to Dismiss, Brooks filed an
`
`amended answer and counterclaims.
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`In light of Brooks’ amended pleading, the parties agree that the pending Motion to
`
`Dismiss is moot.
`
`Townsend therefore agrees that Brooks need not file a response to the Motion to Dismiss
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`and that the Court may deny the pending Motion to Dismiss as moot.
`
`
`
`
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`Case 2:17-cv-00062-UA-MRM Document 23 Filed 05/09/17 Page 2 of 3 PageID 118
`
`Dated: May 9, 2017
`
`
`
`Respectfully Submitted,
`
`FENWICK & WEST LLP
`
`
`
`By: /s/Darren Donnelly
`Darren Donnelly (admitted pro hac vice)
`801 California Street
`Mountain View, CA 94041
`Tel: (650) 988-8500
`Fax: (650) 938-5200
`Email: ddonnelly@fenwick.com
`
`Amy E. Hayden (admitted pro hac vice)
`555 California Street, 12th Floor
`San Francisco, CA 94104
`Tel: (415) 875-2300
`Fax: (415) 281-1350
`Email: ahayden@fenwick.com
`
`Jonathan T. McMichael (admitted pro hac vice)
`1191 Second Avenue, 10th Floor
`Seattle, WA 98101
`Tel: (206) 389-4510
`Fax: (206) 389-4511
`Email: jmcmichael@fenwick.com
`
`
`
`By: /s/David Potter
`Steven J. Hampton (admitted pro hac vice)
`MCANDREWS, HELD & MALLOY, LTD.
`500 West Madison St., 34th Floor
`Chicago, IL 60661
`Tel: (312) 775-8000
`Email: shampton@mcandrews-ip.com
`
`David C. Potter
`Florida Bar No. 0388254
`BUCHANAN INGERSOLL & ROONEY
`2235 First Street
`Fort Myers, FL 33901
`Tel: (239) 334-7892
`Fax: (239) 334-3240
`Email: david.potter@bipc.com
`
`Attorneys for Plaintiff Herbert E. Townsend
`
`Bryan D. Hull
`Florida Bar No. 20969
`BUSH ROSS, P.A.
`1801 N. Highland Avenue
`Tampa, FL 33601
`Tel: (813) 224-9255
`Fax: (813) 223-9620
`Email: bhull@bushross.com
`
`
`
`Attorneys for Defendant Brooks Sports, Inc.
`
`2
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`
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`Case 2:17-cv-00062-UA-MRM Document 23 Filed 05/09/17 Page 3 of 3 PageID 119
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on May 9 2017, all counsel of record who consented to
`electronic service are being served with a copy of this document via the Court’s CM/ECF
`system. I further certify that I mailed the foregoing document and the notice of electronic filing
`by first-class mail to any non-CM/ECF participants.
`
`/s/Darren Donnelly
`Darren Donnelly
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`3
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