Oracle America, Inc. v. Google Inc.

Filing 45

ORDER DENYING DEFENDANT'S MOTION TO DISMISS AS MOOT AND VACATING HEARING by Judge Alsup finding as moot #33 Motion to Dismiss (whalc1, COURT STAFF) (Filed on 11/1/2010)

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Oracle America, Inc. v. Google Inc. Doc. 45 1 2 3 4 5 6 7 8 9 10 ORACLE AMERICA, INC., Plaintiff, v. GOOGLE, INC., Defendant. / ORDER DENYING MOTION TO DISMISS AS MOOT AND VACATING HEARING No. CV 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 Due to the filing of an amended complaint by plaintiff Oracle America, Inc. and in light of defendant Google, Inc.'s response to the October 28 order to show cause, Google's pending motion to dismiss is DENIED AS MOOT. The hearing on the motion is VACATED. This order will leave for another day the question of whether and to what extent plaintiff's pending motion to dismiss and to strike may suffer a similar fate once Google's amended pleading is filed. IT IS SO ORDERED. Dated: November 1, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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