Davis v. Apperience Corporation et al

Filing 51

ORDER REQUESTING SUPPLEMENTAL BRIEFING. Signed by Judge Alsup on 10/22/2014. (whalc2, COURT STAFF) (Filed on 10/22/2014).

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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 14-00766 WHA
Plaintiff,

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For the Northern District of California

United States District Court

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JACK DAVIS, individually and on behalf
of all others similarly situated,

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v.
ORDER REQUESTING
SUPPLEMENTAL BRIEFING

APPERIENCE CORPORATION and
BLUESPRIG, INC.,

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Defendants.
/

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In preparation for next week’s hearing on the motion to dismiss (Dkt. No. 45), each side

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is requested to please file a supplemental brief of NO MORE THAN FIVE PAGES, addressing the

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following two issues. Each side will file its supplemental brief by no later than 5 PM ON

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OCTOBER 24, 2014. There will be no replies to those supplemental briefs.

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1.

Regarding the breach of contract alleged under Claim

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Three, please address whether the notice requirement

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described in Alvarez v. Chevron Corporation, 656 F.3d

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925, 932 (9th Cir. 2011), applies to this action.

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2.

In the same context, please address the applicability of the

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notice requirement under Section 2607(3)(A) of the

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California Commercial Code for this action.

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IT IS SO ORDERED.
Dated: October 22, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE