Specht et al v. Google Inc et al

Filing 368

MOTION by Plaintiffs Andoid's Dungeon Incorporated, The, Android Data Corporation, Erich Specht to amend/correct final judgment pursuant to Rule 60 (b) (Murphy, Martin)

Case: 11-1689

Document: 15

Filed: 08/22/2011

Pages: 1

August 22, 2011

Before
William J. Bauer, Circuit Judge
Michael S. Kanne, Circuit Judge
Diane P. Wood, Circuit Judge
ERICH SPECHT, et al.,
Plaintiffs-Appellants,
No. 11-1689
GOOGLE INC.,
Defendant-Appellee.

v.

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Appeal from the United
States District Court for
the Northern District of
Illinois, Eastern Division.
No. 1:09-cv-02572
Harry D. Leinenweber,
Judge.

O R D E R
On consideration of the papers filed in this appeal and
review of the short record,
IT IS ORDERED that this appeal is DISMISSED for lack of
jurisdiction.
The district court dismissed a portion of defendant Google’s
counterclaim (specifically Counts II, IV, V, VI and VII) without
prejudice, at the request of defendant Google. Defendant Google
is able, if it chooses to do so, to reinstate those claims after
this appeal is resolved; it reportedly declined plaintiffsappellants’ invitation to dismiss these claims with prejudice.
This appeal, therefore, is premature. See, e.g. India Breweries,
Inc. v. Miller Brewing Co., 612 F.3d 651 (7th Cir. 2010).