Oracle America, Inc. v. Google Inc.

Filing 42

ORDER TO SHOW CAUSE WHY THE PENDING MOTION TO DISMISS SHOULD NOT BE DENIED AS MOOT Show Cause Response due by 11/1/2010.. Signed by Judge Alsup on October 28, 2010. (whalc1, COURT STAFF) (Filed on 10/28/2010)

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Oracle America, Inc. v. Google Inc. Doc. 42 1 2 3 4 5 6 7 8 9 10 ORACLE AMERICA, INC., Plaintiff, v. GOOGLE, INC., Defendant. / ORDER TO SHOW CAUSE WHY THE PENDING MOTION TO DISMISS SHOULD NOT BE DENIED AS MOOT No. C 10-03561 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 4, 2010, defendant Google, Inc. moved to dismiss, or in the alternative, for a more definite statement regarding plaintiff Oracle America, Inc.'s copyright infringement claim in this Java-fueled battle over the Android platform. Just yesterday, however, a day before its opposition brief to the motion was due, plaintiff Oracle America, Inc. filed an amended complaint altering and augmenting its copyright infringement allegations. Given this development, Google is ORDERED TO SHOW CAUSE why its pending motion to dismiss should not be denied as moot (without prejudice, of course, to Google filing a fresh Rule 12 motion targeting the claims as pleaded in plaintiff's newly minted complaint). A response to this order is required no later than NOON ON MONDAY, NOVEMBER 1. IT IS SO ORDERED. Dated: October 28, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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