Pimental v. Google, Inc. et al

Filing 65

Request for Judicial Notice re 64 MOTION to Stay Litigation Based on Recently Filed FCC Petition filed byGoogle, Inc., Slide, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Related document(s) 64 ) (Reiten, Joshua) (Filed on 3/26/2012)

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EXHIBIT 7 1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 BRIAN GLAUSER, Plaintiff(s), 8 9 v. ORDER TWILIO, INC. , et al., 11 For the Northern District of California United States District Court 10 No. C 11-2584 PJH Defendant(s). _______________________________/ 12 13 Before the court is plaintiff’s notice of decision by the Federal Communications 14 Commission (“FCC”) in which he requests that the court lift the stay imposed pursuant to 15 the primary jurisdiction doctrine on January 27, 2012, at least as to defendant GroupMe. 16 Defendant construes the “notice” as a motion for administrative relief and opposes it. For 17 the reasons advanced by GroupMe, the court is not inclined to lift the stay as to one 18 defendant but not the other, and accordingly DENIES the motion. Additionally, because 19 one of the reasons for the stay pertains to the liability of co-defendant Twilio and the 20 petition on that issue still remains before the FCC, the stay remains in effect. If GroupMe’s 21 petition for expedited declaratory ruling and clarification is acted on during the period of the 22 stay, the parties shall bring it to the court’s attention; however, the instant ruling is not 23 based on GroupMe’s filing of the subsequent petition. For now, the stay remains based 24 solely on the remaining of the two grounds for its initial imposition. 25 26 27 28 IT IS SO ORDERED. Dated: March 15, 2012 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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