Be In, Inc. v. Google Inc. et al

Filing 35

ORDER by Judge Lucy H. Koh granting 34 Motion to Continue; finding as moot 15 Motion to Dismiss; finding as moot 22 Administrative Motion to File Under Seal (lhklc3, COURT STAFF) (Filed on 3/26/2013)

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

For the Northern District of California

UNITED STATES DISTRICT COURT

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United States District Court

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BE IN, INC., a New York Corporation,
Plaintiff,

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v.
GOOGLE INC., a California corporation;
RICHARD ROBINSON, an individual, and
Does 1 through 3 inclusive,
Defendants.

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Case No.: 5:12-CV-3373-LHK
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE;
VACATING HEARING ON
DEFENDANTS’ MOTION TO DISMISS;
ORDERING PLAINTIFF TO FILE
MOTION FOR LEAVE TO FILE
SECOND AMENDED COMPLAINT

On March 25, 2013, Plaintiff Be In, Inc. (“Plaintiff”) filed an unopposed administrative
motion to adjourn the April 18, 2013 hearing on Google’s Motion to Dismiss Plaintiff’s Third and
Fourth Causes of Action and to continue Initial Case Management Conference. ECF No. 34. In
this motion, Plaintiff represents that it anticipates seeking to amend its complaint and that the
proposed amended complaint “will remove one or more causes of action in the Amended
Complaint and will assert new causes of action.” Id. at 2. Plaintiff “also contemplates that it may

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Case No.: 12-CV-03373-LHK
ORDER CONTINUING CASE MANAGEMENT CONFERENCE; VACATING HEARING ON DEFENDANTS’
MOTION TO DISMISS; ORDERING PLAINTIFF TO FILE MOTION FOR LEAVE TO FILE SECOND
AMENDED COMPLAINT

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withdraw claims against certain current defendants and/or name additional entities as defendants.”

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Id.

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In connection with this administrative motion, the parties filed a joint stipulation and

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proposed order requesting that the Court grant Plaintiff’s unopposed administrative motion to

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adjourn the hearing on Defendant’s Motion to Dismiss Plaintiff’s Third and Fourth Causes of

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Action and to continue the initial case management conference. ECF No. 34-1.

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In light of Plaintiff’s unopposed motion and the parties’ joint stipulation, the Court

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CONTINUES the case management conference scheduled for April 18, 2013, to June 5, 2013, at

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2:00 p.m. The Court ORDERS Plaintiff to file its Motion for Leave to File a Second Amended
Complaint by April 30, 2013. The Court DENIES as moot Defendants’ Motion to Dismiss

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Plaintiff’s Third and Fourth Causes of Action, ECF No. 15, and Plaintiff’s Motion to Seal a

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document filed in connection with Plaintiff’s Opposition to the Motion to Dismiss, ECF No. 22.

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The Court VACATES the April 18, 2013 hearing on Defendants’ motion to dismiss.

For the Northern District of California

United States District Court

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If the Court grants Plaintiff’s Motion for Leave to File a Second Amended Complaint,

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Defendants may file a new Motion to Dismiss, if appropriate. If the Court denies Plaintiff’s

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Motion for Leave to File a Second Amended Complaint, Defendants may re-file their current

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Motion to Dismiss, and the Court will hear this motion on an expedited basis.

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IT IS SO ORDERED.

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Dated: March 26, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-03373-LHK
ORDER CONTINUING CASE MANAGEMENT CONFERENCE; VACATING HEARING ON DEFENDANTS’
MOTION TO DISMISS; ORDERING PLAINTIFF TO FILE MOTION FOR LEAVE TO FILE SECOND
AMENDED COMPLAINT