Six4three, LLC v. Facebook, Inc.

Filing 28

ORDER GRANTING REQUEST TO FILE A SURREPLY AND REQUESTING RESPONSE FROM PLAINTIFF. Signed by Judge Alsup on 2/14/17. (whalc1, COURT STAFF) (Filed on 2/14/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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SIX4THREE, LLC, a Delaware limited
liability company,

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Plaintiff,

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No. C 17-00359 WHA
v.
FACEBOOK, INC., a Delaware corporation,
and DOES 1 through 50, inclusive,
Defendant.
/

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ORDER GRANTING
REQUEST TO FILE A
SURREPLY AND
REQUESTING RESPONSE
FROM PLAINTIFF

Facebook objects to Six4Three’s inclusion of seventeen exhibits appended to a reply

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declaration in support of its motion to remand and to Six4Three’s use of excessive footnotes in

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smaller than 12-point font and more than twenty-eight lines per page in an effort to squeeze new

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arguments into its reply in violation of this Court’s formatting requirements. Facebook may

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submit a surreply NOT TO EXCEED FIVE PAGES by FEBRUARY 15 AT 2:00 P.M..

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Facebook may not use this surreply as an opportunity to restate its arguments in

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opposition. Any material in the surreply not directed at new arguments or evidence raised for

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the first time on reply will be stricken.

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Additionally, by FEBRUARY 15 AT 2:00 P.M., plaintiff shall state unequivocally whether

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it will rely in any way on any federal law to support its claims herein. The response must be

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either “yes” or “no.” If the answer is “no,” plaintiff will be bound to that answer and on remand

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may not rely on any federal law.

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IT IS SO ORDERED.

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Dated: February 14, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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