OpenTV, Inc. et al v. Apple, Inc.

Filing 37

ORDER NOTING WITHDRAWAL OF MOTION TO DISMISS; GRANTING IN PART STIPULATION re 36 STIPULATION WITH PROPOSED ORDER; 35 ORDER ADVISING PARTIES OF COURT'S TENTATIVE ORDER. Signed by Judge Jon S. Tigar on July 9, 2014. (wsn, COURT STAFF) (Filed on 7/9/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OPENTV, INC., et al.,

Case No. 14-cv-01622-JST

Plaintiffs,
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v.

ORDER NOTING WITHDRAWAL OF
MOTION TO DISMISS; GRANTING IN
PART STIPULATION

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APPLE, INC.,
Defendant.

Re: ECF Nos. 35 & 36

United States District Court
Northern District of California

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The court construes the parties’ stipulation, ECF No. 36, as representing to the court that

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Defendant’s motion to dismiss the first amended complaint, ECF No. 35, will soon be mooted by

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the filing of a second amended complaint. Since the parties have stipulated to the filing of a

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second amended complaint, amendment is permitted by Rule 15(b) of the Federal Rules of Civil

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Procedure. Accordingly, the court construes Defendant as having WITHDRAWN its motion to

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dismiss the first amended complaint, ECF No. 35, and so the court VACATES the hearing

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scheduled for July 10, 2014. At the parties’ request, and pursuant to Rule 16 of the Federal Rules

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of Civil Procedure, the court ORDERS Plaintiffs to file the second amended complaint not later

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than July 28, 2014.

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IT IS SO ORDERED.
Dated: July 9, 2014
______________________________________
JON S. TIGAR
United States District Judge