craigslist, Inc. v. EveryMD.com LLC
Filing
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ORDER by Judge Edward M. Chen granting 25 Plaintiff's Motion to Strike. (emclc2, COURT STAFF) (Filed on 8/23/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CRAIGSLIST, INC.,
Plaintiff,
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EVERYMD.COM LLC,
Docket No. 25
Defendant.
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For the Northern District of California
United States District Court
ORDER GRANTING PLAINTIFF’S
MOTION TO STRIKE
v.
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Case No. 16-cv-03421-EMC
Plaintiff has filed an action for a declaratory judgment of patent noninfringement and
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invalidity. In response to the operative first amended complaint, Defendant included as its second
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affirmative defense an alleged violation of Federal Rule of Civil Procedure 11. See Ans. ¶ 45 et
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seq. Plaintiff has moved to strike this affirmative defense on the ground that a Rule 11 violation is
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not properly raised (i.e., procedurally) as an affirmative defense. Defendant has filed a statement
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of nonopposition to Plaintiff’s motion, although noting, inter alia, that striking the affirmative
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defense would “not have any effect on [its] right to seek sanctions [pursuant to] Rule 11.” Not. at
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3-4.
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In light of Defendant’s statement of nonopposition, the Court GRANTS Plaintiff’s motion
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to strike. Further, the hearing on Plaintiff’s motion to strike is hereby VACATED. This order
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does not address the substantive merits of whether or not Plaintiff violated Rule 11.
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This order disposes of Docket No. 25.
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IT IS SO ORDERED.
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Dated: August 23, 2016
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EDWARD M. CHEN
United States District Judge
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