Amazon.com LLC v. Lay

Filing 59

NOTICE OF INTENT AND REQUEST TO FILE SURREPLY ; filed by Plaintiff Amazon.com LLC. (Caplow, Steven)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 of North Carolina Motion To Dismiss [Dkt. 53]. To the extent the Court declines to strike 21 22 23 24 25 26 27
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The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE AMAZON.COM LLC, Plaintiff, v. KENNETH R. LAY, in his official capacity as Secretary of the North Carolina Department of Revenue, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 2:10-cv-00664-MJP AMAZON.COM LLC's NOTICE OF INTENT AND REQUEST TO FILE SURREPLY PURSUANT TO LOCAL RULE 7(g) NOTE ON MOTION CALENDAR: AUGUST 6, 2010

Pursuant to Local Rule 7(g)(1), plaintiff Amazon.com LLC ("Amazon") provides notice of its intent to file its Surreply seeking to strike certain portions of the Reply In Support

DOR's new materials and arguments, Amazon respectfully requests that the Court allow the brief response contained therein. Amazon's Surreply is filed concurrently1 with this notice and request.

Amazon's Surreply is not due until Monday August 16. Plaintiffs filed their reply on August 6. Local Rule 7(g)(2) provides that the accompanying surreply must be filed within five days of the filing of the reply brief. However, under U.S. District Court, Western District Of Washington Electronic Filing Procedures For Civil And

AMAZON'S NOTICE OF INTENT AND REQUEST TO FILE SURREPLY - 1 (No. 2:10-cv-00664)
DWT 15168854v1 0051461-000134 Davis Wright Tremaine LLP
LAW OFFICES Suite 2200 1201 Third Avenue [phone]
Seattle, Washington 98101- 30 45 Fax: [phone]

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ATED this 13th day of August, 2010. DAVIS WRIGHT TREMAINE LLP s/ Steven P. Caplow______________ Steven P. Caplow, WSBA #19843 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 Tel: [phone] Fax: [phone] Email: [e-mail] Laura R. Handman (pro hac vice) Robert G. Scott, Jr. (pro hac vice) Elizabeth J. Soja (pro hac vice) 1919 Pennsylvania Avenue, NW, Suite 800 Washington, D.C. 20006 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Amazon.com LLC

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AMAZON'S NOTICE OF INTENT AND REQUEST TO FILE SURREPLY - 2 (No. 2:10-cv-00664)
DWT 15168854v1 0051461-000134 Davis Wright Tremaine LLP
LAW OFFICES Suite 2200 1201 Third Avenue [phone]
Seattle, Washington 98101- 30 45 Fax: [phone]

Criminal Cases (Amended 3/01/10), Section III.E, "[t]he three-day rule of Federal Rule of Civil Procedure 6(d) for service by mail shall also apply to service by electronic means." As the reply was served by electronic means, the additional three days under Rule 6(d) put the due date for the Surreply on Saturday August 14, which rolls over to Monday August 16 under Federal Rule 6(a)(3).

D

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ERTIFICATE OF SERVICE I hereby certify that on August 13, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all parties listed to receive electronic notice in this case. DATED this 13th day of August, 2010. DAVIS WRIGHT TREMAINE LLP

By:

s/ Steven P. Caplow ___________ Steven P. Caplow, WSBA #19843 1201 Third Avenue, Suite 2200 Seattle, Washington 98101-3045 Tel.: [phone] Fax: [phone] E-mail: [e-mail]

AMAZON'S NOTICE OF INTENT AND REQUEST TO FILE SURREPLY - 3 (No. 2:10-cv-00664)
DWT 15168854v1 0051461-000134 Davis Wright Tremaine LLP
LAW OFFICES Suite 2200 1201 Third Avenue [phone]
Seattle, Washington 98101- 30 45 Fax: [phone]

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