Person v. Google Inc.

Filing 29

ORDER by Judge Jeremy Fogel granting in part and denying in part [21] Motion for Administrative Relief (jflc1, COURT STAFF) (Filed on 2/13/2007)

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Person v. Google Inc. Doc. 29 Case 5:06-cv-07297-JF Document 29 Filed 02/13/2007 Page 1 of 3 1 2 3 4 5 6 7 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 **E-Filed 2/13/2007** CARL E. PERSON, Plaintiff, v. GOOGLE INC., Defendant. Case Number C 06-7297 JF (RS) ORDER1 DENYING IN PART AND GRANTING IN PART MOTION FOR ADMINISTRATIVE RELIEF [re: docket no. 21] On February 9, 2007, Plaintiff moved for leave to file an amended complaint, or alternatively, to extend the time in which to respond to Defendant's motion to dismiss three weeks beyond the existing deadline of February 9, 2007. On September 18, 2006, Judge Patterson of the Southern District of New York determined that Plaintiff previously exercised his right to amend his complaint on August 3, 2006. Accordingly, Plaintiff may not amend his complaint as of right. Having reviewed the papers submitted by both parties, the Court concludes that it should consider whether to permit Plaintiff to file an amended complaint in the context of the motion to dismiss. Plaintiff represents that he has briefed a similar, now-mooted motion in the past and that This disposition is not designated for publication and may not be cited. C a s e No. C 06-7297 JF (RS) O R D E R DENYING IN PART AND GRANTING IN PART MOTION FOR ADMINISTRATIVE RELIEF ( JF L C 1 ) Dockets.Justia.com Case 5:06-cv-07297-JF Document 29 Filed 02/13/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 he has responded to Defendant's arguments in the proposed amended complaint. Under these circumstances, Plaintiff should be able to file opposition to the motion to dismiss shortly and should be prepared to argue why leave to amend should be granted in the event that the Court grants the motion. Accordingly, the Court will reschedule the hearing on the motion to March 9, 2007. Plaintiff shall file any opposition on or before February 20, 2007. Defendant shall file any reply on or before February 27, 2007. IT IS SO ORDERED. DATED: February 13, 2007. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 C a s e No. C 06-7297 JF (RS) O R D E R DENYING IN PART AND GRANTING IN PART MOTION FOR ADMINISTRATIVE RELIEF ( JF L C 1 ) JEREMY FOGEL United States District Judge Case 5:06-cv-07297-JF Document 29 Filed 02/13/2007 Page 3 of 3 1 2 3 4 5 This Order has been served upon the following persons: Ethan B. Andelman Dawn Beery Susan Jean Greenspon Ravind Singh Grewal andelmane@howrey.com, gagnons@howrey.com dbeery@kelleydrye.com sgreenspon@kelleydrye.com, cplater@kelleydrye.com; vallen@kelleydrye.com; sdunlap@kelleydrye.com rsg@kvn.com khamm@kvn.com, efiling@kvn.com; wik@kvn.com akrishnan@kvn.com, efiling@kvn.com; rthomas@kvn.com mlemley@kvn.com, srosen@kvn.com mhp@kvn.com, efiling@kvn.com; sjr@kvn.com; nsn@kvn.com phillipsr@howrey.com, gagnons@howrey.com cplater@kelleydrye.com, heberhart@kelleydrye.com drammelt@kelleydrye.com, sdunlap@kelleydrye.com 6 Klaus Hemingway Hamm 7 Ajay Krishnan 8 Mark A. Lemley 9 Michael H. Page 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 C a s e No. C 06-7297 JF (RS) O R D E R DENYING IN PART AND GRANTING IN PART MOTION FOR ADMINISTRATIVE RELIEF ( JF L C 1 ) Robert Nathan Phillips Caroline Claire Plater David A. Rammelt Notice will be delivered by other means to: Paul W. Garrity Kelley Drye & Warren LLP 101 Park Avenue New York, NY 10178

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