Openwave Systems Inc. v. Myriad France S.A.S.
ORDER RE PRECIS RE DECLARATIONS re 206 Letter filed by Myriad France S.A.S.. Signed by Judge Alsup on May 4, 2011. (whalc1, COURT STAFF) (Filed on 5/4/2011)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OPENWAVE SYSTEMS INC.,
ORDER RE PRÉCIS
MYRIAD FRANCE S.A.S.,
For the Northern District of California
United States District Court
No. C 10-02805 WHA
AND RELATED COUNTERCLAIMS
On May 3, Myriad filed a précis seeking leave to file an administrative motion to resubmit
the declarations of Cyrille Amar, Obie Oberoi, and Simon Wilkinson in support of Myriad’s
opposition to the motion for partial summary judgment. Each of the three declarations on file
concludes with the statement “I declare under penalty of perjury that the foregoing is true and
correct.” The resubmitted declarations would be unchanged substantively but would alter the
final sentence to read, “I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.” Myriad explains that the phrase “under the laws
of the United States of America” was inadvertently omitted from the filed declarations. Myriad
represents that Openwave refuses to stipulate to the submission of replacement declarations and
instead seeks an order excluding the declarations because of the missing words (Dkt. No. 206).
As a concession to the shortness of life, Myriad’s précis is hereby deemed an
administrative motion for leave to resubmit the declarations. Accordingly, Openwave may file an
opposition to the motion by MAY 9, 2011 if Openwave has any non-frivolous grounds for doing
so. Civ. L. R. 7-11(b).
IT IS SO ORDERED.
Dated: May 4, 2011.
UNITED STATES DISTRICT JUDGE
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