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)

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