Dunbar v. Google, Inc.

Filing 180

ORDER re 120 Opposed MOTION to Dismiss Second Amended Counterclaim filed by Keith Dunbar. Case Management Statement due by 8/22/2012. Case Management Conference set for 8/29/2012 02:00 PM in Courtroom 8, 4th Floor, San Jose. Signed by Judge Lucy H. Koh on 7/23/2012. (lhklc1, COURT STAFF) (Filed on 7/23/2012)

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 KEITH DUNBAR, Individually, and as Representative on Behalf of all Similarly Situated Persons, 12 Plaintiff, 13 v. 14 GOOGLE, INC., 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 12-CV-03305-LHK ORDER RE MOTION TO DISMISS (re ECF No. 120) The above-captioned case, which has been pending since November 17, 2010, was transferred 18 from the Eastern District of Texas to this District and assigned to the undersigned judge on June 27, 19 2012. ECF No. 179. Plaintiff’s motion to dismiss Defendant’s second amended counterclaim has been 20 fully briefed and pending since December 2, 2011. ECF No . 21 Plaintiff’s motion to dismiss appear to have been addressed by Judge Schneider’s June 22, 2012 Order 22 Transferring Case to the Northern District of California. ECF No. 178. Accordingly, the Court orders 23 that Plaintiff withdraw his pending motion to dismiss as MOOT. Plaintiff shall file his notice of 24 withdrawal by July 27, 2012. 52. Some of the issues raised in 25 The parties shall meet and confer to consider stipulating to the amendment of the pleadings in 26 light of Judge Schneider’s June 22, 2012 Order and this Court’s orders in cases raising similar issues. 27 The Court directs the parties to this Court’s orders on motions to dismiss in Low v. LinkedIn Corp., No. 28 11-cv-01468-LHK, ECF Nos. 28 & 45, and In re iPhone Application Litigation, No. 11-md-02250- 1 Case No.: 12-CV-03305-LHK ORDER RE MOTION TO DISMISS 1 LHK, ECF Nos. 8 & 69. By August 3, 2012, the parties shall file a joint status report informing the 2 Court if they have stipulated to any amendments. In the absence of a stipulation, Plaintiff is free to re- 3 file and re-notice an amended motion to dismiss after obtaining a hearing date from the Courtroom 4 Deputy. 5 A case management conference is set for August 29, 2012, at 2:00 p.m. By August 22, 2012, 6 the parties shall file a joint case management statement pursuant to the Civil Local Rules and this 7 Court’s standing orders. 8 IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 Dated: July 23, 2012 _________________________________ LUCY H. KOH United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-03305-LHK ORDER RE MOTION TO DISMISS