Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al

Filing 64

MOTION for Leave to File a First Amended Complaint; Declaration in Support filed by Louis Vuitton Malletier, S.A.. Motion Hearing set for 9/8/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 PROPOSED ORDER GRANTING PLAINTIFF LEAVE TO FILE A FIRST AMENDED COMPLAINT, # 2 FIRST AMENDED COMPLAINT FOR: CONTRIBUTORY AND VICARIOUS TRADEMARK INFRINGEMENT; CONTRIBUTORY AND VICARIOUS COPYRIGHT INFRINGEMENT)(Coombs, J.) (Filed on 7/15/2008)

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1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LOUIS VUITTON MALLETIER, S.A., v. Plaintiff, No. C07-03952 JW (HRL) ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO FILE STATEMENT OF RECENT DECISION [Re: Docket No. 59] *E-FILED 6/25/2008* United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AKANOC SOLUTIONS, INC., MANAGED SOLUTIONS GROUP, INC. STEVEN CHEN and DOES 1 THROUGH 10, Defendants. / Pursuant to Civil Local Rule 7-3(d) and 7-11, defendants move for leave to file a statement of recent decision in connection with plaintiff's pending motion to compel. Their proposed statement, including a copy of the recent decision in question, was filed along with their request for leave. Plaintiff opposes the request. In sum, defendants contend that the recent decision in Quon v. Arch Wireless Operating Co., __ F.3d __, 2008 WL 2440559 (9th Cir., June 18, 2008) supports their arguments as to plaintiff's requested discovery. Plaintiff argues that the case has no bearing on the issues presented in its motion to compel. Upon consideration of the moving and responding papers, this court grants defendants' request. It will consider the recent Quon decision, as well as the parties' respective statements as to Quon's applicability (or not) to the resolution of plaintiff's pending discovery motion. Further submissions from the parties on this point are deemed unnecessary and will not be 1 2 3 4 5 6 7 8 9 10 permitted. Dated: June 25, 2008 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 5:07-cv-3952 Notice has been electronically mailed to: J. Andrew Coombs andy@coombspc.com, jeremy@coombspc.com James A. Lowe info@gauntlettlaw.com, arm@gauntlettlaw.com, bse@gauntlettlaw.com, jal@gauntlettlaw.com, pam@gauntlettlaw.com Annie S Wang annie@coombspc.com, andy@coombspc.com Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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