Innospan Corp v. Intuit et al
Filing
77
ORDER REGARDING REQUEST FOR CLARIFICATION re 73 Order on Motion to Dismiss, 76 Letter filed by Innospan Corp. Signed by Judge Alsup on December 6, 2010. (whalc1, COURT STAFF) (Filed on 12/6/2010)
<![CDATA[
Innospan Corp v. Intuit et al
Doc. 77
1 2 3 4 5 6 7 8 9 10 INNOSPAN CORP., Plaintiff, v. INTUIT, INC., MINT SOFTWARE, INC., SHASTA VENTURES GP, LLC, and DOES 120, Defendants. / ORDER REGARDING REQUEST FOR CLARIFICATION No. C 10-04422 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
Plaintiff submitted a request for clarification in regard to the order granting-in-part and denying-in-part the motions to dismiss on December 3, 2010. This order responds to that request. First, the reference to "counterclaims" in the conclusion of the order previously issued was inadvertent. No counterclaims exist in this action, and that order should read, "Innospan may file a motion seeking leave to amend their claims -- attaching the amended pleading thereto -- BY NOON ON THURSDAY, DECEMBER 16, 2010, explaining why the amended claims properly state claims for relief" (Dkt. 73) (emphasis added). Second, plaintiff does not need to file an amended complaint to re-allege the claims that were not dismissed, nor does plaintiff need to explain why claims that were not dismissed properly state claims for relief. Plaintiff need only address those claims that were dismissed when discussing why the amended claims properly state claims for relief. Third, plaintiff's claim for conversion was dismissed without leave to amend as a matter of law. Finally, in regard to adding new claims or defendants in an
Dockets.Justia.com
1 2 3 4 5 6 7 8 9 10
amended complaint, the Federal Rules of Civil Procedure and local rules for this Court still apply. All parties are advised to read and follow those rules.
IT IS SO ORDERED.
Dated: December 6, 2010.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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 2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
