Cellspin Soft, Inc. v. Garmin International, Inc. et al

Filing 41

ORDER by Judge Yvonne Gonzalez Rogers granting 39 Plaintiff's Motion to Permit Prior Incorporation by Reference ; denying 40 Motion for Leave to File Sur-reply. (fs, COURT STAFF) (Filed on 2/22/2018)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 CELLSPIN SOFT, INC., Plaintiff, 7 8 9 10 United States District Court Northern District of California 11 vs. GARMIN INTERNATIONAL, INC., ET AL., CASE NO. 17-cv-05934-YGR ORDER GRANTING PLAINTIFF'S MOTION TO PERMIT PRIOR INCORPORATION BY REFERENCE; DENYING MOTION FOR LEAVE TO FILE SUR-REPLY Re: Dkt. Nos. 39, 40 Defendants. Two motions are now before this Court, namely plaintiff’s motions (i) to permit plaintiff’s 12 prior incorporation by reference into its opposition in this case of its opposition to the omnibus 13 motion to dismiss in related cases for which proceedings have been consolidated; and (ii) for leave 14 15 16 to file a sur-reply regarding the Rule 12(c) motion of defendant Garmin International, Inc., et al. (Dkt. Nos. 39 and 40.) Having considered plaintiff’s motions and the proceedings in this matter, the Court GRANTS plaintiff’s motion to permit plaintiff’s prior incorporation by reference into its opposition in this case of its opposition to the omnibus motion to dismiss (Dkt. No. 39) and 17 18 19 DENIES plaintiff’s motion for leave to file a sur-reply. (Dkt. No. 40.) This terminates Dkt. Nos. 39 and 40. IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28 Dated: February 22, 2018 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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