IconFind, Inc. v. Google, Inc.

Filing 53

ORDER signed by Judge Garland E. Burrell, Jr on 6/3/11 ORDERING 29 Motion for Judgment is denied as premature.(Matson, R)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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IconFind, Inc.,

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Plaintiff,

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v.

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Google, Inc.,

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Defendant.
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2:11-cv-00319-GEB-JFM
ORDER DENYING MOTION FOR
JUDGMENT ON THE PLEADINGS AS
PREMATURE

Defendant moves under Federal Rule of Civil Procedure (“Rule”)

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12(c) for judgment on the pleadings.

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arguing, inter alia, that this motion is premature.

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should not be filed until “[a]fter the pleadings are closed . . . .”

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Fed. R. Civ. P. 12(c).

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counterclaim

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plaintiff serves his reply.”

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685 F.2d 209, 211 n.4 (7th Cir. 1982).

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Defendant’s Second Counterclaim for Declaratory Judgment of Patent

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Invalidity. Therefore, Defendant’s Motion for Judgment on the Pleadings

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is DENIED as premature.

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Dated:

is

Plaintiff opposes this motion
A Rule 12(c) motion

Where, as here, “in addition to an answer, a

pleaded,

the

pleadings

are

closed

only

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the

See Flora v. Home Fed. Sav. & Loan Ass'n,
Plaintiff has not yet replied to

June 3, 2011

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when

GARLAND E. BURRELL, JR.
United States District Judge

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