Facebook, Inc. et al v. OnLineNic Inc et al

Filing 329

ORDER RE: -MOTION TO STRIKE; -35.CN'S SUR-REPLY; AND -HEARING DATE (Illston, Susan) (Filed on 6/6/2023)

Case 3:19-cv-07071-SI Document 329 Filed 06/06/23 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FACEBOOK, INC., et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 19-cv-07071-SI

v.
ONLINENIC INC, et al.,

ORDER RE:
-MOTION TO STRIKE;
-35.CN’S SUR-REPLY;
-HEARING DATE

Defendants.

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Now pending before the Court is plaintiffs’ motion to strike defendant’s answer and for entry

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of default against defendant Xiamen 35.com Internet Technology Co., Ltd (“35.CN”). Dkt. No.

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299. In its opposition brief, 35.CN argues inter alia that plaintiffs’ motion to strike should more

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properly have been brought as a motion for summary judgment. See Opp’n at 2, 11-12. 35.CN has

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also filed an objection to plaintiffs’ reply evidence, requesting that 35.CN be granted leave to file a

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sur-reply. See Dkt. No. 327.

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Having reviewed the briefs as well as the voluminous records the parties have submitted, the

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Court hereby NOTIFIES the parties of its intent to treat plaintiffs’ motion to strike as one for

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summary judgment. The Court GRANTS 35.CN leave to file a sur-reply, not to exceed 10 pages in

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length. 35.CN shall file its sur-reply no later than June 23, 2023.

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The Court CONTINUES the hearing from June 16 to July 14, 2023, at 10:00 a.m., to be
held over Zoom videoconference.
IT IS SO ORDERED.
Dated: June 6, 2023
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SUSAN ILLSTON
United States District Judge