Perfect 10, Inc. v. Google, Inc.

Filing 5

Filed clerk order (Deputy Clerk:AW): The appeal filed August 24, 2010 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. Pursuant to the notice received from appellant on August 31, 2010, it appears that the parties have made the required arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than September 21, 2010; the answering brief is due October 19, 2010 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). If appellant fails to file timely the opening brief, this appeal will be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [7460046] (AF)

P e r f e c t 10, Inc. v. Google, Inc.

Doc. 5

F IL E D
U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
SEP 01 2010
MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

P E R F E C T 10, INC., Plaintiff-counter-defendant Appellant, v. G O O G L E , INC., a corporation, Defendant-counter-claimant Appellee.

N o . 10-56316 D .C . No. 2:04-cv-09484-AHM C en tral District of California, Los Angeles

ORDER

T h e appeal filed August 24, 2010 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. P u rsu an t to the notice received from appellant on August 31, 2010, it ap p ears that the parties have made the required arrangements to obtain from the co u rt reporter an official transcript of proceedings in the district court that will be in clu d ed in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and ex cerp ts of record are due not later than September 21, 2010; the answering brief is d u e October 19, 2010 or 28 days after service of the opening brief, whichever is

AW /M O A T T

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earlier; and the optional reply brief is due within 14 days after service of the an sw erin g brief. See 9th Cir. R. 3-3(b). If appellant fails to file timely the opening brief, this appeal will be d ism issed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1.

F O R THE COURT: Molly Dwyer Clerk of Court By: Amber West M o tio n s Attorney/Deputy Clerk 9 th Cir. R. 27-7 G en eral Orders/Appendix A

AW /M O A T T

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