Michael Malone v. eBay, Inc.

Filing 539

ORDER (1)AMENDING OCTOBER 20, 2009, ORDER AND (2) GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION. Signed by Judge Jeremy Fogel on 10/28/2009. (jflc3, COURT STAFF) (Filed on 10/28/2009).

1 **E-Filed 10/28/09** 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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IN RE EBAY SELLER ANTITRUST LITIGATION

Case Number C 07-1882 JF (RS) ORDER1 (1) AMENDING OCTOBER 20, 2009, ORDER AND (2) GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION

On October 20, 2009, the Court entered an order making a list of exhibits to Plaintiffs' opposition to Defendant eBay's motion for summary judgment part of the public record. On October 21, 2009, eBay filed a motion to alter or amend the October 20 order, or, in the alternative, for leave to file a motion for reconsideration. On October 26, 2009, Plaintiffs filed a response to eBay's October 21 motions. The parties agree that exhibits 79, 80, and 84 should be sealed. Accordingly, the Court will amend its October 20 order to seal those three exhibits. With respect to the remaining exhibits subject to the October 20 order, the Court will grant eBay leave to file a motion for reconsideration. Such motion shall be filed on or before

This disposition is not designated for publication in the official reports.

C a s e No. C 07-1882 JF (RS) O R D E R (1) AMENDING OCTOBER 20, 2009, ORDER AND (2) GRANTING DEFENDANT'S MOTION FOR LE A V E TO FILE MOTION FOR RECONSIDERATION ( JF L C 3 )

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November 4, 2009. Plaintiffs shall file their response, if any, on or before November 11, 2009. eBay shall file its reply, if any, on or before November 18, 2009. The motion thereupon will be submitted without oral argument. IT IS SO ORDERED.

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C a s e No. C 07-1882 JF (RS) O R D E R (1) AMENDING OCTOBER 20, 2009, ORDER AND (2) GRANTING DEFENDANT'S MOTION FOR LE A V E TO FILE MOTION FOR RECONSIDERATION ( JF L C 3 )

DATED: 10/28/2009 _______________________ JEREMY FOGEL United States District Judge

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This Order has been served upon the following persons: Aaron H. Darsky Beverly Tse Brynly R. Llyr [e-mail]

[e-mail] [e-mail]

Christine Pedigo Bartholomew [e-mail], [e-mail] Christopher S. Studebaker [e-mail]

7 Daniel Hume 8 David E. Kovel 9 Dixie Lee Noonan 10 Elaine T. Byszewski 11 George W. Sampson 12 I. Stephen Rabin 13 Jeff D Friedman 14 Jeffrey Squire 15 Joseph P. Garland 16 Joseph V. McBride 17 Julie Dawn Wood 18 Karina Kosharskyy 19 Katherine Robison 20 Kenneth G. Walsh 21 Michael Andrew McShane 22 Michael Frederick Tubach 23 Randall W. Edwards 24 Read Ambler 25 Reginald Von Terrell 26 Robert L. Stolebarger 27 Rosemary M. Rivas 28 3
C a s e No. C 07-1882 JF (RS) O R D E R (1) AMENDING OCTOBER 20, 2009, ORDER AND (2) GRANTING DEFENDANT'S MOTION FOR LE A V E TO FILE MOTION FOR RECONSIDERATION ( JF L C 3 )

[e-mail] [e-mail] [e-mail], [e-mail] [e-mail], [e-mail] [e-mail]

[e-mail] [e-mail], [e-mail], [e-mail] [e-mail] [e-mail] [e-mail] [e-mail], [e-mail] [e-mail] [e-mail], [e-mail] [e-mail] [e-mail] [e-mail], [e-mail]

[e-mail]

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Shana E. Scarlett Steve W. Berman Susan L. Germaise

[e-mail], [e-mail] [e-mail], [e-mail] [e-mail] [e-mail], [e-mail]

Thomas Patrick Brown

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C a s e No. C 07-1882 JF (RS) O R D E R (1) AMENDING OCTOBER 20, 2009, ORDER AND (2) GRANTING DEFENDANT'S MOTION FOR LE A V E TO FILE MOTION FOR RECONSIDERATION ( JF L C 3 )