Facebook, Inc. v. Power Ventures, Inc.

Filing 58

MOTION to Dismiss Counterlcaims and MOTION to Strike Affirmative Defenses filed by Facebook, Inc.(a Delaware corporation). Motion Hearing set for 2/26/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Pers, Jessica) (Filed on 12/23/2009) Modified on 3/12/2010,(counsel failed to properly select multiple motions.) (cv, COURT STAFF).

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] THOMAS J. GRAY (STATE BAR NO. 191411) [e-mail] JULIO C. AVALOS (STATE BAR NO. 255350) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] JESSICA S. PERS (STATE BAR NO. 77740) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., Plaintiff, v. POWER VENTURES, INC. a Cayman Island Corporation; STEVE VACHANI, an individual; DOE 1, d/b/a POWER.COM, DOES 2-25, inclusive, Defendants.

Case No. 5:08-cv-05780 JF (RS) [PROPOSED] ORDER GRANTING FACEBOOK INC.'S MOTION TO DISMISS AMENDED COUNTERCLAIMS AND MOTION TO STRIKE AMENDED AFFIRMATIVE DEFENSES Date: Time: Judge: Courtroom: February 26, 2009 9:00 am Hon. Jeremy D. Fogel 3

[PROPOSED] ORDER GRANTING FACEBOOK'S MOTIONS TO OHS West:260800846.1
DISMISS COUNTERCLAIMS AND STRIKE AFFIRMATIVE DEFENSES. CASE NO. 5:08-CV-05780 JF

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 Dated: Pro. 12(f). Pro. 12(b)(6)

The Motion of Facebook, Inc. to dismiss the First through Third Counterclaims of Defendant's Power Ventures, Inc. and Steven Vachani, pursuant to Federal Rule of Civil Procedure 12(b)(6) and the Motion of Facebook, Inc. to strike the First through Second Affirmative Defenses of Power Ventures, Inc. and Steven Vachani came on for hearing on February 26, 2009, before the Honorable Jeremy D. Fogel; The Court, having considered the papers filed in support of and in opposition to the motions, the arguments presented at the hearing and other matters relevant to the determination of these motions Hereby finds and ORDERS 1. The First through Third Counterclaims are dismissed pursuant to Fed. R. Civ.

2. The First and Second Affirmative Defenses are stricken pursuant to Fed. R. Civ.

IT IS SO ORDERED.

Honorable Jeremy Fogel United States District Judge

OHS West:260800846.1

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[PROPOSED] ORDER GRANTING FACEBOOK'S MOTIONS TO
DISMISS COUNTERCLAIMS AND STRIKE AFFIRMATIVE DEFENSES. CASE NO. 5:08-CV-05780 JF