craigslist, Inc. v. EveryMD.com LLC

Filing 28

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CRAIGSLIST, INC., Plaintiff, 8 EVERYMD.COM LLC, Docket No. 25 Defendant. 11 12 For the Northern District of California United States District Court ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE v. 9 10 Case No. 16-cv-03421-EMC Plaintiff has filed an action for a declaratory judgment of patent noninfringement and 13 14 invalidity. In response to the operative first amended complaint, Defendant included as its second 15 affirmative defense an alleged violation of Federal Rule of Civil Procedure 11. See Ans. ¶ 45 et 16 seq. Plaintiff has moved to strike this affirmative defense on the ground that a Rule 11 violation is 17 not properly raised (i.e., procedurally) as an affirmative defense. Defendant has filed a statement 18 of nonopposition to Plaintiff’s motion, although noting, inter alia, that striking the affirmative 19 defense would “not have any effect on [its] right to seek sanctions [pursuant to] Rule 11.” Not. at 20 3-4. 21 In light of Defendant’s statement of nonopposition, the Court GRANTS Plaintiff’s motion 22 to strike. Further, the hearing on Plaintiff’s motion to strike is hereby VACATED. This order 23 does not address the substantive merits of whether or not Plaintiff violated Rule 11. 24 This order disposes of Docket No. 25. 25 IT IS SO ORDERED. 26 27 28 Dated: August 23, 2016 ______________________________________ EDWARD M. CHEN United States District Judge

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