Oracle America, Inc. v. Google Inc.

Filing 325

ORDER GRANTING LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT ON ASSIGNOR ESTOPPEL re #309 Letter filed by Google Inc.. Signed by Judge Alsup on August 19, 2011. (whalc1, COURT STAFF) (Filed on 8/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER GRANTING
LEAVE TO FILE MOTION
FOR SUMMARY JUDGMENT
ON ASSIGNOR ESTOPPEL

GOOGLE INC.,
Defendant.
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No. C 10-03561 WHA

Defendant’s request for leave to file a motion for partial summary judgment on plaintiff’s

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affirmative defense of assignor estoppel (Dkt No. 309) is GRANTED. The motion must be filed by

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SEPTEMBER 8, 2011, and it must be noticed for a hearing on the normal 35-day track. The brief,

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opposition, and reply brief each may be no more than ten pages.

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Plaintiff’s counsel “believe that the issue of assignor estoppel is one in particular that

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should be discussed and resolved, by stipulation or otherwise, without judicial intervention”

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(Dkt. No. 320). Plaintiff’s counsel remain free to negotiate a stipulated resolution of this issue,

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but in the meantime, defendant may file its motion.

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IT IS SO ORDERED.

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Dated: August 19, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE