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Cellspin Soft, Inc. v. Fitbit, Inc., 17-cv-05933-YGR (2017)

Court: District Court, N.D. California Number: infdco20171226500 Visitors: 8
Filed: Dec. 22, 2017
Latest Update: Dec. 22, 2017
Summary: ORDER DIRECTING PARTIES TO FILE OMNIBUS BRIEFS YVONNE GONZALEZ ROGERS , District Judge . TO ALL PARTIES AND THEIR COUNSEL OF RECORD: The above-captioned matters are related cases in which defendant has filed, or may file, a motion to dismiss based on the Supreme Court's holding in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 213 S.Ct. 2348 (2014). Accordingly, all pending motions to dismiss are DENIED WITHOUT PREJUDICE to refile in compliance with this order. Defendants shall file one o
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ORDER DIRECTING PARTIES TO FILE OMNIBUS BRIEFS

TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

The above-captioned matters are related cases in which defendant has filed, or may file, a motion to dismiss based on the Supreme Court's holding in Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 213 S.Ct. 2348 (2014). Accordingly, all pending motions to dismiss are DENIED WITHOUT PREJUDICE to refile in compliance with this order.

Defendants shall file one omnibus motion to dismiss not to exceed twenty five pages by January 16, 2018. Each defendant shall be permitted to supplement the motion with five additional pages if issues exist which are specific to that defendant's individual case.

Plaintiff shall file one consolidated opposition by January 30, 2018.

Defendants shall file one omnibus reply not to exceed fifteen pages by February 13, 2018. Each defendant shall be permitted to supplement the reply with two additional pages if issues exist which are specific to that defendant's individual case.

With regard to those cases for which defendant's reply is not yet due, namely Cellspin Cellspin Soft, Inc. v. Adidas America, Inc., 17-cv-5930-YGR and Cellspin Soft, Inc. v. JK Imagining Ltd, 17-cv-06881-YGR, defendant shall file notice with the Court indicating whether defendant intends to join the consolidated motion to dismiss based on the Supreme Court's holding in Alice Corp.

A hearing on defendants' omnibus motion to dismiss shall be held on Tuesday, March 6, 2018, at 2:00 p.m., at the United States District Court for the Northern District of California, Ronald V. Dellums Federal Building, Oakland, in Courtroom 1, 4th Floor.

IT IS SO ORDERED.

Source:  Leagle

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