GN Resound A/S v. Callpod, Inc.

Filing 33

ORDER re 19 MOTION to Set Aside Default ENTRY - CORRECTION OF DOCKET # 18 filed by Callpod, Inc., 17 MOTION to Dismiss Complaint filed by Callpod, Inc., Motions terminated: 17 MOTION to Dismiss Complaint fil ed by Callpod, Inc., 19 MOTION to Set Aside Default ENTRY - CORRECTION OF DOCKET # 18 filed by Callpod, Inc.. Case Management Conference set for 5/3/2012 02:45 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 3/28/12. (lrc, COURT STAFF) (Filed on 3/29/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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8 GN RESOUND A/S, a corporation,

Plaintiff,

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10 vs.

Case No: C 11-04673 SBA
ORDER
Docket 17, 19.

11 CALLPOD, INC., a corporation,

Defendant.

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On September 20, 2011, Plaintiff GN Resound A/S (“GN Resound”) brought this

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patent infringement action against Callpod, Inc. (“Callpod”). Dkt. 1. Callpod’s answer was

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due on November 30, 2011. Dkt. 10. On December 2, 2011, GN Resound filed a motion

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for entry of default. Dkt. 11. Default was entered as to Callpod by the court clerk on

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December 5, 2011. Dkt. 14. On that same day, Callpod filed a motion to dismiss and a

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motion to set aside default. See Dkt. 17, 19. On December 19, 2011, GN Resound filed an

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amended complaint1 and a statement of non-opposition to Callpod’s motion to set aside

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default. See Dkt. 22, 24.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1.

Callpod’s motion to set aside default is GRANTED.

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2.

Callpod’s motion to dismiss is DENIED as MOOT.

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3.

The hearing scheduled for April 3, 2012 is VACATED.

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Under Rule 15 of the Federal Rules of Civil Procedure, a party may amend its
pleading once without leave of court if it is filed within 21 days after service of a Rule
28 12(b) motion. Fed.R.Civ.P. 15(a).
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4.

The Case Management Conference scheduled for April 3, 2012 is

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CONTINUED to May 3, 2012 at 2:45 p.m. Prior to the date scheduled for the conference,

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the parties shall meet and confer and prepare a joint Case Management Conference

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Statement. Plaintiff is responsible for filing the joint statement no less than seven (7) days

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prior to the conference date. The joint statement shall comply with the Standing Order for

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All Judges of the Northern District of California and the Standing Orders of this Court.

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Plaintiff is responsible for setting up the conference call, and on the specified date and time,

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shall call [phone] with all parties on the line.

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This Order terminates Docket 17 and Docket 19.

IT IS SO ORDERED.
Dated: 3/28/12
________________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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