Adobe Systems Incorporated v. Bargain Software Shop, LLC

Filing 47

ORDER by Judge Edward M. Chen granting 41 Plaintiff's Motion to Strike ; and granting 42 Plaintiff's Motion to Dismiss (emclc2, COURT STAFF) (Filed on 2/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADOBE SYSTEMS INCORPORATED,

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Plaintiff,

For the Northern District of California

United States District Court

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No. C-14-3721 EMC
ORDER GRANTING PLAINTIFF’S
MOTION TO STRIKE AND MOTION
TO DISMISS

v.
BARGAIN SOFTWARE SHOP, LLC,

(Docket Nos. 41-42)
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Defendant.

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___________________________________/
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Currently pending before the Court are two motions filed by Plaintiff Adobe Systems

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Incorporated: (1) a motion to strike Defendant Bargain Software Shop, LLC’s (“BSS”) counterclaim

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for declaratory relief and (2) a motion to dismiss all three of BSS’s counterclaims. BSS did not file

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an opposition to either motion. Upon inquiry from the Court, BSS informed the Court that it did not

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intend to file an opposition to either motion. Out of an abundance of caution, the Court ordered BSS

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to show cause as to why Adobe’s motions should not be granted with prejudice. The Court advised

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that, if no response was timely filed, it would grant the motions with prejudice.

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BSS has not filed a response to the order to show cause. Accordingly, Adobe’s motion to
strike and motion to dismiss are hereby GRANTED, both with prejudice.
This order disposes of Docket Nos. 41 and 42.

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IT IS SO ORDERED.

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Dated: February 10, 2015

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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