Microsoft Corporation v. TiVo, Inc.

Filing 37

ORDER RE: 27 GRANTING LEAVE TO AMEND. Signed by Judge Richard Seeborg on 06/28/2010. (rslc3, COURT STAFF) (Filed on 6/28/2010)

1 2 3 4 5 6 7 8 9 10

**E-filed 06/28/2010**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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 1 MICROSOFT CORPORATION, v. TIVO, INC, Defendant. ____________________________________/ On May 31, 2010, plaintiff filed a motion for leave to amend. Defendant filed a "statement of non-opposition" setting out its position that as long as "appropriate adjustments" were made to the Case Management Scheduling Order, it did not oppose the motion. The parties subsequently filed a stipulation for such adjustments to the scheduling order, which the Court has signed and entered. The parties' stipulation recited the fact that they had reached agreement "regarding both Microsoft's motion to amend and TiVo's request to modify the claim construction schedule," but inexplicably failed to address the motion among the matters being stipulated to, thereby unfortunately making this additional order necessary. Plaintiff, No. C 10-0240 RS ORDER GRANTING LEAVE TO AMEND

NO. C 100240 RS

1 2 3 4 5 6 7 8 9 10

In any event, it is clear that the parties have effectively stipulated that the motion for leave to amend should be granted and so it shall be. The hearing set for July 9, 2010 is vacated.

IT IS SO ORDERED. Dated: 06/28/2010 RICHARD SEEBORG
UNITED STATES DISTRICT 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

NO. C 100240 RS