Kinderstart.Com, LLC v. Google, Inc.

Filing 25

Kinderstart.Com, LLC v. Google, Inc.

Doc. 25

Case 5:06-cv-02057-JF

Document 25

Filed 06/08/2006

Page 1 of 3

1 2 3 4 5 6 7 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
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**E-Filed 6/8/06**

KINDERSTART.COM LLC, a California limited liability company, on behalf of itself and all others similarly situated, Plaintiffs, v. GOOGLE, INC., a Delaware corporation,

Case Number C 06-2057 JF (RS) ORDER1 (1) GRANTING IN PART DEFENDANT'S MOTION TO CONTINUE OR VACATE HEARING DATE, AND (2) GRANTING PLAINTIFF'S REQUEST TO EXCEED PAGE LIMITS [re: docket nos. 17, 19]

Defendant.

On May 2, 2006, Defendant filed both a motion to dismiss under Fed. R. Civ. P. 12(b) and an "Anti-SLAPP" motion under Cal. Civ. Proc. Code § 425.16. Both motions are scheduled to be heard on June 30, 2006. On May 26, 2006, Plaintiff filed a motion for a preliminary injunction, which is also scheduled to be heard on June 30, 2006. On May 31, 2006, Defendant filed the instant administrative request asking this Court to vacate the June 30, 2006 date for the hearing on Plaintiff's motion for a preliminary injunction. As Defendant points out, Plaintiff's motion for a preliminary injunction, forty-eight pages This disposition is not designated for publication and may not be cited.

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C a s e No. C 06-2057 JF (RS) O R D E R (1) GRANTING IN PART DEFEND A N T ' S MOTION TO CONTINUE O R VACATE PRELIMINARY I N JU N C T IO N HEARING DATE, AND (2) GRANTING PLAINTIFF'S REQUEST TO EXCEED PAGE LIMITS (JFEX2)

Dockets.Justia.com

Case 5:06-cv-02057-JF

Document 25

Filed 06/08/2006

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in length, violates the twenty-five page limit set forth in Civil L.R. 7-2(b). On June 1, 2006, Plaintiff filed an administrative request to exceed the page limit, but that request itself was procedurally flawed, being untimely and lacking a supporting affidavit or declaration as required by Civil L.R. 7-11(a). Under these circumstances, the Court agrees with Defendant that hearing Plaintiff's motion for a preliminary injunction June 30, 2006 would be prejudicial to Defendant. In light of the continuance, the Court will permit Plaintiff to exceed the page limit despite the procedural flaws in Plaintiff's request.2

ORDER Good cause therefore appearing, IT IS HEREBY ORDERED that the hearing on Plaintiff's motion for preliminary injunction be continued, with the new date to be determined at the June 30, 2006 hearing. Plaintiff's papers in support of its motion for a preliminary injunction may exceed the page limit set forth in L.R. 7-2(b), but shall not exceed forty-eight pages.

DATED: June 8, 2006

JEREMY FOGEL Unit ed States District Judge

The Court has received the parties' stipulation to a revised briefing schedule on the motion for a preliminary injunction. The stipulation expressly provides that it is without prejudice to Defendant's motion to continue or vacate the hearing on the motion for a preliminary injunction. 2
Case No. C 06-2057 JF (RS) O R D E R (1) GRANTING IN PART DEFEND A N T ' S MOTION TO CONTINUE O R VACATE PRELIMINARY I N JU N C T IO N HEARING DATE, AND (2) GRANTING PLAINTIFF'S REQUEST TO EXCEED PAGE LIMITS (JFEX2)

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Case 5:06-cv-02057-JF

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This Order has been served upon the following persons: Colleen Bal David H. Kramer Bart Edward Volkmer , Esq Gregory John Yu [e-mail], [e-mail] [e-mail], [e-mail] [e-mail] [e-mail], [e-mail]

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Case No. C 06-2057 JF (RS) O R D E R (1) GRANTING IN PART DEFEND A N T ' S MOTION TO CONTINUE O R VACATE PRELIMINARY I N JU N C T IO N HEARING DATE, AND (2) GRANTING PLAINTIFF'S REQUEST TO EXCEED PAGE LIMITS (JFEX2)