Fuzzysharp Technologies Incorporated v. Intel Corporation

Filing 90

ORDER by Judge Yvonne Gonzalez Rogers granting 88 Motion for Extension of Time to File Notice of Appeal by January 27, 2014. (fs, COURT STAFF) (Filed on 1/23/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FUZZYSHARP TECHNOLOGIES INC.,
Plaintiff,

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vs.

Case No.: 12-CV-04413 YGR
ORDER GRANTING MOTION OF PLAINTIFF
FUZZYSHARP TECHNOLOGIES
INCORPORATED FOR EXTENSION OF TIME TO
FILE NOTICE OF APPEAL

INTEL CORPORATION,
Defendant.

United States District Court
Northern District of California

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On January 13, 2014, Plaintiff Fuzzysharp Technologies, Inc. filed its Motion for Extension
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of Time to File Notice of Appeal. (Dkt. No. 88.) Defendant Intel Corporation filed its opposition
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to the motion. (Dkt. No. 89.)
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Having carefully considered the papers submitted in support and in opposition, the Court
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hereby GRANTS the Motion for Extension of Time. The Court has discretion, under Rule
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4(a)(5)(A)(ii), to grant an extension of time to file a notice of appeal upon a showing of excusable
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neglect. See Pioneer Inv. Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380
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(1993). Plaintiff has offered evidence to support his argument that his failure to file a notice of
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appeal by the deadline of Friday, January 10, 2014, was due to his excusable neglect. Intel
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concedes that there is no real danger of prejudice or impact on the proceedings due to Plaintiff
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missing the deadline by not filing on January 10.
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Thus the request for extension is GRANTED. Plaintiff shall file any Notice of Appeal no
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later than January 27, 2014.
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This Order terminates Docket No. 88.
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IT IS SO ORDERED.
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Date: January 23, 2014

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE