Innospan Corp v. Intuit et al

Filing 247

AMENDED ORDER GRANTING LEAVE TO FILE RULE 41 MOTION re 246 Order on Motion for Leave to File. Signed by Judge Alsup on November 7, 2011. (whalc1, COURT STAFF) (Filed on 11/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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INNOSPAN CORP.,

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For the Northern District of California

United States District Court

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No. C 10-04422 WHA

Plaintiff,
v.

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INTUIT INC., MINT SOFTWARE INC.,
SHASTA VENTURES GP, LLC, and
DOES 1–20,

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AMENDED ORDER
GRANTING LEAVE
TO FILE RULE 41 MOTION

Defendants.
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AND RELATED COUNTERCLAIMS.
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Defendants Intuit Inc. and Mint Software Inc. request leave to file a motion for

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involuntary dismissal pursuant to FRCP 41(b) in light of plaintiff’s failure to comply with a

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sanctions order that required plaintiff to pay Intuit $272,603.10 by November 2, 2011

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(Dkt. No. 243). Plaintiff opposes (Dkt. No. 245). Having considered the submissions from both

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sides, the request is GRANTED. The motion must be filed by NOVEMBER 17, 2011. It must be

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noticed to be heard and briefed on the normal 35-day track. The hearing on defendants’ motions

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for summary judgment will be postponed from December 1 to 8:00 A.M. ON JANUARY 5, 2012.

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The briefing schedules for those motions, however, remain unchanged.

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IT IS SO ORDERED.

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Dated: November 7, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE