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Contract: Other | North Dakota
Stipulation of Dismissal
STIPULATION of Dismissal of Claims Against XTO Energy Inc. with Prejudice by XTO Energy Inc.. (Attachments: # 1 Exhibit 1 - Proposed Order of Dismissal, # 2 Exhibit 2 - Proposed Judgment)(Tiblets, Elizabeth)
Property Rights: Trademark | Texas Northern
Order on Motion for Leave to File Order on Motion to Stay Order on Motion to Dismiss for Failure to State a Claim
ELECTRONIC ORDER:
Before the Court are Plaintiff's Opposed Motion for Leave to File Second Amended Complaint, or, in the Alternative, Motion to Modify Scheduling Order (Doc. No. 41) and Brief in Support (Doc. No. 40) (together, the "Motion for Leave"). The Court recognizes that the Motion for Leave is opposed, and that Defendant has not yet responded. The Court, however, finds that these facts do not necessitate a response. Plaintiff admits it filed its Second Amended Complaint three hours past the Court's deadline. Doc. No. 41 at 2. Not only did Plaintiff quickly file the amended pleading upon counsel's realization but Plaintiff also filed this Motion for Leave that same day, thoroughly explaining the situation and properly briefing its request for leave. The Court does not intend to preclude Plaintiff from filing its amended pleading based on this technical but very minor instance of non-compliance. Accordingly, in its discretion, the Court GRANTS Plaintiff's Motion for Leave (Doc. Nos. 40 & 41). Plaintiff's Second Amended Complaint, filed at Doc. No. 39, is deemed timely filed.
For these reasons, Defendant's Notice and Motion to Re-Urge Motion to Dismiss for Failure to State a Claim (Doc. No. 37) is MOOT.
Further, the Court DENIES as moot Defendant's Unopposed Motion to Stay Defendant's Response to Second Amended Complaint (Doc. No. 42). The Court does, however, sua sponte EXTEND Defendant's time to answer or otherwise respond to Plaintiff's Second Amended Complaint to September 24, 2026.
(Ordered by Judge Ed Kinkeade on 9/3/2026) (chmb)
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