Telepet USA, Inc. v Qualcomm, Incorporated, et al

Filing 43

ORDER that 28 Motion to Strike is GRANTED. Defendant's Exhibits B1 through B4 ( 23 , 24 , 25 , and 26 ) are STRICKEN from the record. Defendant shall file the attached exhibit B, (doc. #28-1), forthwith. Signed by Judge James C. Mahan on 8/3/15. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 TELEPET USA, INC., 8 9 10 Case No. 2:15-CV-846 JCM (GWF) Plaintiff(s), ORDER v. QUALCOMM INCORPORATED, 11 Defendant(s). 12 13 Presently before the court is defendants Qualcomm Incorporated; Snaptracs, Inc.; Dudley 14 Fetzer; Alex Rogers; James Hoffmann; and Dave Vigil’s (collectively “defendants”) motion to 15 strike. (Doc. # 28). 16 On June 23, 2015, defendants filed a motion to compel arbitration and to dismiss. (Doc. # 17 22). On June 24, 2015, defendants filed the instant motion asking the court to strike exhibits B1 18 to B4 to their motion to compel, on the grounds that these documents were inadvertently attached. 19 (Doc. # 28). 20 Defendants state that they included the wrong documents as exhibits B1 to B4. Defendants 21 attach the correct document as exhibit B to the instant motion, and ask that the court allow them 22 to file the attached exhibit B in place of exhibits B1 to B4. (Doc. # 28). 23 24 Plaintiff Telepet USA, Inc. (“plaintiff”) has not filed any response in opposition to the instant motion. The court finds good cause to grant the motion. 25 Accordingly, 26 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants’ motion to 27 28 James C. Mahan U.S. District Judge strike, (doc. # 28), be, and the same hereby is, GRANTED. 1 2 3 4 5 6 7 IT IS FURTHER ORDERED that defendant’s exhibits B1 through B4, (docs. # 23, 24, 25, 26), be, and the same hereby are, STRICKEN from the record. IT IS FURTHER ORDERED that defendant shall file the attached exhibit B, (doc. # 281), forthwith. DATED August 3, 2015. __________________________________________ UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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