Dunbar v. Google, Inc.
Filing
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ORDER re #120 Opposed MOTION to Dismiss Second Amended Counterclaim filed by Keith Dunbar. Case Management Statement due by 8/22/2012. Case Management Conference set for 8/29/2012 02:00 PM in Courtroom 8, 4th Floor, San Jose. Signed by Judge Lucy H. Koh on 7/23/2012. (lhklc1, COURT STAFF) (Filed on 7/23/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
For the Northern District of California
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KEITH DUNBAR, Individually, and as
Representative on Behalf of all Similarly
Situated Persons,
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Plaintiff,
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v.
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GOOGLE, INC.,
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Defendant.
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Case No.: 12-CV-03305-LHK
ORDER RE MOTION TO DISMISS
(re ECF No. 120)
The above-captioned case, which has been pending since November 17, 2010, was transferred
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from the Eastern District of Texas to this District and assigned to the undersigned judge on June 27,
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2012. ECF No. 179. Plaintiff’s motion to dismiss Defendant’s second amended counterclaim has been
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fully briefed and pending since December 2, 2011. ECF No .
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Plaintiff’s motion to dismiss appear to have been addressed by Judge Schneider’s June 22, 2012 Order
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Transferring Case to the Northern District of California. ECF No. 178. Accordingly, the Court orders
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that Plaintiff withdraw his pending motion to dismiss as MOOT. Plaintiff shall file his notice of
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withdrawal by July 27, 2012.
52. Some of the issues raised in
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The parties shall meet and confer to consider stipulating to the amendment of the pleadings in
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light of Judge Schneider’s June 22, 2012 Order and this Court’s orders in cases raising similar issues.
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The Court directs the parties to this Court’s orders on motions to dismiss in Low v. LinkedIn Corp., No.
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11-cv-01468-LHK, ECF Nos. 28 & 45, and In re iPhone Application Litigation, No. 11-md-02250-
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Case No.: 12-CV-03305-LHK
ORDER RE MOTION TO DISMISS
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LHK, ECF Nos. 8 & 69. By August 3, 2012, the parties shall file a joint status report informing the
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Court if they have stipulated to any amendments. In the absence of a stipulation, Plaintiff is free to re-
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file and re-notice an amended motion to dismiss after obtaining a hearing date from the Courtroom
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Deputy.
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A case management conference is set for August 29, 2012, at 2:00 p.m. By August 22, 2012,
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the parties shall file a joint case management statement pursuant to the Civil Local Rules and this
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Court’s standing orders.
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IT IS SO ORDERED.
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United States District Court
For the Northern District of California
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Dated: July 23, 2012
_________________________________
LUCY H. KOH
United States District Judge
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Case No.: 12-CV-03305-LHK
ORDER RE MOTION TO DISMISS
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