Be In, Inc. v. Google Inc. et al

Filing 86

ORDER by Judge Lucy Koh granting in part and denying in part 84 Motion for Extension of Time to Amend (lhklc2, COURT STAFF) (Filed on 10/28/2013)

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UNITED STATES DISTRICT COURT

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United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BE IN, INC., a New York Corporation
Plaintiff,

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v.
GOOGLE INC., a California corporation,
YOUTUBE, LLC, a Delaware limited liability
company, and GOOGLE UK LTD., a private
limited company registered in England and
Wales,
Defendants.

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Case No.: 12-CV-03373-LHK
ORDER GRANTING IN PART
PLAINTIFF’S MOTION TO EXTEND
TIME TO FILE THIRD AMENDED
COMPLAINT

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Plaintiff filed a motion to extend the time to file a third amended complaint to December 2,

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2013. ECF No. 84. Defendants filed a conditional non-opposition to Plaintiff’s motion, asking that

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the Court order Plaintiff to show cause if Plaintiff does not file a third amended complaint by the

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new December 2, 2013 deadline. ECF No. 85.

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The Court grants Plaintiff’s request but only extends the time to amend the complaint to
November 15, 2013. Plaintiff’s multiple changes in counsel have already delayed this case.
The Court also denies Defendants’ request to order Plaintiff to show cause why the entire

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case should not be dismissed with prejudice if Plaintiff does not file an amended complaint by the

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new amendment deadline. Defendants did not challenge Plaintiff’s copyright infringement claim in

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Case No.: 12-CV-03373-LHK
ORDER GRANTING IN PART PLAINTIFF’S MOTION TO EXTEND TIME TO FILE THIRD AMENDED
COMPLAINT

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Defendants’ motion to dismiss the complaint, see ECF No. 64. Thus, the Court will not require

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Plaintiff to show cause why the entire case, including the copyright infringement claim, should not

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be dismissed with prejudice should Plaintiff fail to file an amended complaint by the new deadline.

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IT IS SO ORDERED.

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Dated: October 28, 2013

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 12-CV-03373-LHK
ORDER GRANTING IN PART PLAINTIFF’S MOTION TO EXTEND TIME TO FILE THIRD AMENDED
COMPLAINT