AOptix Technologies v. Blue Spike, LLC

Filing 20

ORDER by Judge Yvonne Gonzalez Rogers Denying as moot 13 Motion to Dismiss; Denying as moot 13 Motion to Dismiss for Lack of Jurisdiction; Resetting Hearing on Motion to Dismiss Amended Complaint; Continuing Case Management Conference. (fs, COURT STAFF) (Filed on 11/12/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AOPTIX TECHNOLOGIES,

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Plaintiff,

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Northern District of California

United States District Court

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vs.
BLUE SPIKE LLC,

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Case No.: 13-CV-1105 YGR
ORDER DENYING AS MOOT MOTION TO
DISMISS COMPLAINT; RESETTING HEARING
ON MOTION TO DISMISS AMENDED
COMPLAINT; CONTINUING CASE
MANAGEMENT CONFERENCE

Defendant.

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On October 11, 2013, Defendant Blue Spike LLC moved to dismiss the complaint of Plaintiff

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AOptix Technologies. (Dkt. Nos. 1 ("Complaint"), 13 ("Motion to Dismiss the Complaint").) On

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October 25, 2013, the last day for AOptix to oppose the Motion to Dismiss the Complaint under this

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Court's Civil Local Rule 7-3(a), AOptix instead filed a First Amended Complaint pursuant to Federal

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Rule of Civil Procedure 15(a)(1)(B). (Dkt. No. 18 ("First Amended Complaint".) On November 8,

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2013, Blue Spike moved once more for dismissal, this time of the First Amended Complaint. (Dkt.

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No. 19 ("Motion to Dismiss FAC").) Blue Spike noticed this latter motion for December 18, 2013.1

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(Id.)

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The Court hereby ORDERS the following:

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Blue Spike's Motion to Dismiss the Complaint is DISMISSED AS MOOT.

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Blue Spike's Motion to Dismiss the FAC is RESET for hearing on the Court's 2:00 p.m.

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Calendar on December 17, 2013, in Courtroom 5 of the United States Courthouse located at 1301

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The undersigned Judge does not have a law-and-motion calendar set for December 18, 2013, which
is a Wednesday. See Judge Gonzalez Rogers' Standing Order in Civil Cases,
http://www.cand.uscourts.gov/ygrorders.

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Clay Street in Oakland, California. All other briefing deadlines remain as set forth in Civil Local

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Rule 7-3.

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The initial Case Management Conference in this matter is CONTINUED from November 18,
2013 to Monday, January 27, 2014 at 2:00 p.m.

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This Order terminates Docket No. 13.

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IT IS SO ORDERED.

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Date: November 12, 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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