Openwave Systems Inc. v. Myriad France S.A.S.

Filing 212

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)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 OPENWAVE SYSTEMS INC., 6 7 8 9 Plaintiff, v. ORDER RE PRÉCIS RE DECLARATIONS MYRIAD FRANCE S.A.S., Defendant. / For the Northern District of California United States District Court 10 11 No. C 10-02805 WHA AND RELATED COUNTERCLAIMS / 12 13 On May 3, Myriad filed a précis seeking leave to file an administrative motion to resubmit 14 the declarations of Cyrille Amar, Obie Oberoi, and Simon Wilkinson in support of Myriad’s 15 opposition to the motion for partial summary judgment. Each of the three declarations on file 16 concludes with the statement “I declare under penalty of perjury that the foregoing is true and 17 correct.” The resubmitted declarations would be unchanged substantively but would alter the 18 final sentence to read, “I declare under penalty of perjury under the laws of the United States of 19 America that the foregoing is true and correct.” Myriad explains that the phrase “under the laws 20 of the United States of America” was inadvertently omitted from the filed declarations. Myriad 21 represents that Openwave refuses to stipulate to the submission of replacement declarations and 22 instead seeks an order excluding the declarations because of the missing words (Dkt. No. 206). 23 As a concession to the shortness of life, Myriad’s précis is hereby deemed an 24 administrative motion for leave to resubmit the declarations. Accordingly, Openwave may file an 25 opposition to the motion by MAY 9, 2011 if Openwave has any non-frivolous grounds for doing 26 so. Civ. L. R. 7-11(b). 27 28 IT IS SO ORDERED. Dated: May 4, 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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