OpenTV, Inc. et al v. Apple, Inc.
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OPENTV, INC., et al.,
Case No. 14-cv-01622-JST
ORDER NOTING WITHDRAWAL OF
MOTION TO DISMISS; GRANTING IN
Re: ECF Nos. 35 & 36
United States District Court
Northern District of California
The court construes the parties’ stipulation, ECF No. 36, as representing to the court that
Defendant’s motion to dismiss the first amended complaint, ECF No. 35, will soon be mooted by
the filing of a second amended complaint. Since the parties have stipulated to the filing of a
second amended complaint, amendment is permitted by Rule 15(b) of the Federal Rules of Civil
Procedure. Accordingly, the court construes Defendant as having WITHDRAWN its motion to
dismiss the first amended complaint, ECF No. 35, and so the court VACATES the hearing
scheduled for July 10, 2014. At the parties’ request, and pursuant to Rule 16 of the Federal Rules
of Civil Procedure, the court ORDERS Plaintiffs to file the second amended complaint not later
than July 28, 2014.
IT IS SO ORDERED.
Dated: July 9, 2014
JON S. TIGAR
United States District Judge
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