Reiffin v. Microsoft Corporation et al

Filing 92

ORDER by Judge Charles R. Breyer vacating 82 Motion to Dismiss and vacating hearing re same. (crblc1, COURT STAFF) (Filed on 4/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-03505 CRB

MARTIN GARDNER REIFFIN,

ORDER VACATING MICROSOFT’S
MOTION TO DISMISS SAC,
HEARING RE SAME

Plaintiff,
v.
MICROSOFT CORP. ET AL.,
Defendants.

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Defendant Microsoft Corporation has moved to dismiss Plaintiff’s Second Amended

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Complaint, dkt. 80, arguing that “[t]he allegations against Microsoft in the Second Amended

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Complaint should be dismissed with prejudice – again,” see dkt. 82 at 2. Plaintiff has

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opposed Microsoft’s Motion. See dkt. 85. Microsoft’s Motion is now on calendar – along

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with a Motion to Dismiss filed by Defendants Gates and Ballmer, dkt. 83 – for Friday, April

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13, 2012. See dkt. 82 at 1.

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The Court already granted Microsoft’s Motion to Dismiss the First Amended

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Complaint with prejudice, holding that Plaintiff’s claims are barred by res judicata, see dkt.

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39, and the Court entered judgment for Microsoft, see dkt. 40. Plaintiff filed an appeal.

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See dkt. 43. Moreover, Plaintiff filed a Request for Reconsideration of the Order granting

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Microsoft’s Motion to Dismiss, dkt. 62, which the Court denied, see dkt. 63, and Plaintiff

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then filed a motion to vacate the Court’s Order Denying his Request for Reconsideration,

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see dkt. 67, which the Court also denied, see dkt. 78.
Accordingly, the Court has held, and repeatedly confirmed, that Microsoft is out of

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this case. No further motion to dismiss is necessary. Microsoft’s Motion to Dismiss is

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therefore VACATED and the hearing on that Motion is also VACATED. The hearing on the

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Motion to Dismiss filed by Defendants Gates and Ballmer, dkt. 83, will go forward on

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Friday, April 13, 2012.

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IT IS SO ORDERED.

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Dated: April 9, 2012

United States District Court
For the Northern District of California

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CHARLES R. BREYER

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UNITED STATES DISTRICT JUDGE

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G:\CRBALL\2011\3505\order re microsoft MTD SAC.wpd

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