Twitter, Inc. v. Skootle Corp. et al

Filing 74

ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO AMEND 68 (Illston, Susan) (Filed on 11/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 12-1721 SI

TWITTER, INC.,

ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND

Plaintiff,
v.
SKOOTLE CORP. and JAMES KESTER,
Defendants.

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/

United States District Court
For the Northern District of California

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Currently before the Court is Twitter’s motion to for leave to amend its complaint. Docket No.
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68. The motion was scheduled for hearing on December 14, 2012. Pursuant to Civil Local Rule 7-1(b),
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the Court finds this matter appropriate for resolution without oral argument and hereby VACATES the
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hearing.
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Twitter wants to file a First Amended Complaint to remove extraneous allegations regarding
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dismissed defendants and add a new defendant, Troy Fales, who Twitter alleges is or was an employee
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of defendant Skootle and involved with the TweetAdder software at issue. Docket No. 69-1.
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Defendants, in their response, assert that the addition of Fales is “premature” and “unjustified,” but “do
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not oppose” the motion to amend. Docket No. 73 at 1. In addition , defense counsel agreed at a Case
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Management Conference of today’s date that the First Amended Complaint could be filed. Defense
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counsel further agreed to consult Mr. Fales to determine whether he will allow them to accept service
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on his behalf.
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Accordingly, the Court GRANTS the motion for leave to amend. Plaintiff shall e-file the
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proposed First Amended Complaint and effect service on Mr. Fales as necessary.
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IT IS SO ORDERED.
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Dated: November 16, 2012

____________________________
SUSAN ILLSTON
United States District Judge