Zody v. Microsoft Corporation

Filing 67

ORDER REGARDING PENDING MOTIONS TO AMEND COUNTERCLAIM AND MOTION TO DISMISS AND TO STRIKE by Judge Yvonne Gonzalez Rogers finding as moot 53 Motion to Dismiss; terminating 58 Motion for Leave to File. The hearing date on Defendant's Motion to Amend Counterclaim scheduled for April 30, 2013 is hereby VACATED. (fs, COURT STAFF) (Filed on 4/9/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: C-12-00942-YGR

S. ZODY,

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Plaintiff,

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vs.

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MICROSOFT CORPORATION,

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ORDER REGARDING PENDING MOTION TO
AMEND COUNTERCLAIM (DKT. NO. 58) AND
MOTION TO DISMISS AND TO STRIKE (DKT.
NO. 53)

Defendant.

Northern District of California

United States District Court

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Defendant filed a Motion to Amend Counterclaim on March 26, 2013. (Dkt. No. 58.)
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Although Plaintiff initially did not consent to the amendment, Plaintiff filed a Non-Opposition to the
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motion. (Dkt. No. 64.) Defendant has already filed its Amended Answer to Plaintiff’s Third
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Amended Complaint for Damages, and Counterclaim. (Dkt. No. 65.)
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The Court notes that because the Motion to Amend Counterclaim had not yet been ruled upon
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by the Court (and was thus still pending), Defendant should have waited for the Court’s authorization
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to file the amended pleading. However, the Court will deem Dkt. No. 65 to be the operative pleading
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despite its premature filing. Under Federal Rule of Civil Procedure 15(a)(3), Plaintiffs’ response must
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be filed within 14 days of the date of this Order.
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Having filed an Amended Answer and Counterclaim, the pending Motion to Dismiss
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Microsoft Corporation’s Counterclaim and to Strike Microsoft Corporation’s Affirmative Defenses
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(Dkt. No. 53) is MOOT.
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The hearing date on Defendant’s Motion to Amend Counterclaim scheduled for April 30, 2013
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is hereby VACATED.
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This Order terminates Dkt. Nos. 53 & 58.
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IT IS SO ORDERED.

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Dated: April 9, 2013

________________________________________

YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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