Kinderstart.Com, LLC v. Google, Inc.

Filing 46

ADMINISTRATIVE AND CLARIFICATION ORDER, granting in part 43 request for an extension of time. (jflc1, COURT STAFF) (Filed on 8/11/2006)

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Kinderstart.Com, LLC v. Google, Inc. Doc. 46 Case 5:06-cv-02057-JF Document 46 Filed 08/11/2006 Page 1 of 3 1 2 3 4 5 6 7 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Kinderstart.com LLC ("Kinderstart") requests an extension of certain dates in the instant action and a clarification of this Court's Order dated July 13, 2006. On June 30, 2006, this Court set a tentative date of September 29, 2006 for argument on the anticipated motion of Defendant Google Inc. ("Google") to dismiss Kinderstart's anticipated Second Amended Complaint ("SAC"). The Court also set a case management conference for that date. Kinderstart requests that the motion hearing date and the case management conference be continued until on or after December 1, 2006. Defendant Google opposes this request and asks that the hearing be continued only until October 6, 2006 and that the case management conference be scheduled durin g the hearing. Case No. C 06-2057 JF (RS) A D M I N I ST R A T I V E ORDER (JFLC1) **E-Filed 8/11/06** KINDERSTART.COM LLC, a California limited liability company, on behalf of itself and all others similarly situated, Plaintiff, Case Number C 06-2057 JF (RS) ADMINISTRATIVE AND CLARIFICATION ORDER [re: docket no. 43] v. GOOGLE, INC., a Delaware corporation, Defendant. Dockets.Justia.com Case 5:06-cv-02057-JF Document 46 Filed 08/11/2006 Page 2 of 3 1 2 3 4 5 6 7 Having considered both parties' requests, the Court hereby sets the following schedule: September 1, 2006 Deadline for filing SAC September 22, 2006 Deadline for filing motion(s) responsive to the SAC October 13, 2006 October 20, 2006 October 27, 2006 Deadline for filing opposition Deadline for filing reply Oral argument on motion(s) and case management conference Having granted in part Kinderstart's request for an extension of time for filing its SAC, thus 8 allowing Kinderstart additional time to frame its claims, the Court advises Kinderstart that it may 9 be less inclined to grant further leave to amend its pleadings should Google's motion to dismiss 10 be meritorious. 11 Additionally, Kinderstart requests clarification as to whether the July 13, 2006 Order 12 dismissed its first claim with or without leave to amend. The Court hereby clarifies that the 13 Order dismissed all of Kinderstart's claims with leave to amend. 14 IT IS SO ORDERED. 15 16 DATED: August 11, 2006 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. C 06-2057 JF (RS) A D M I N I ST R A T I V E ORDER (JFLC1) JEREMY FOGEL Unit ed States District Judge Case 5:06-cv-02057-JF Document 46 Filed 08/11/2006 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Order has been served upon the following persons: Colleen Bal David H. Kramer Bart Edward Volkmer, Esq Gregory John Yu cbal@wsgr.com, eminjarez@wsgr.com dkramer@wsgr.com, dgrubbs@wsgr.com bvolkmer@wsgr.com glgroup@inreach.com, gjy@abcye.com 3 Case No. C 06-2057 JF (RS) A D M I N I ST R A T I V E ORDER (JFLC1)

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