Microsoft Corporation v. A&s Electronics, Inc. et al

Northern District of California, cand-4:2015-cv-03570

STIPULATION AND ORDER GRANTING {{43}} Stipulation filed by A&S Electronics, Inc., Alan Z. Lin, Microsoft Corporation. Signed by Judge Yvonne Gonzalez Rogers on 2/17/16.

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1 Bonnie MacNaughton (SBN 107402) Conner G. Peretti (pro hac vice) 2 DAVIS WRIGHT TREMAINE LLP 1201 Third Avenue, Suite 2200 3 Seattle, Washington 98101-3045 4 Telephone: (206) 622-3150 Facsimile: (206) 757-7700 5 Email: bonniemacnaughton@dwt.com connerperetti@dwt.com 6 John D. Freed (SBN 261518) 7 DAVIS WRIGHT TREMAINE LLP 8 505 Montgomery Street, Suite 800 San Francisco, California 94111 9 Telephone: (415) 276-6500 Fax: (415) 276-6599 10 Email: jakefreed@dwt.com 11 Attorneys for Plaintiff 12 MICROSOFT CORPORATION 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 MICROSOFT CORPORATION, a Washington) Case No. 4:15-cv-03570-YGR 17 corporation,) ORDER GRANTING) STIPULATION TO PERMIT MICROSOFT 18 Plaintiff,)) TO FILE THIRD AMENDED COMPLAINT 19 vs.)) 20 A&S ELECTRONICS, INC., a California) corporation d/b/a TRUSTPRICE.COM; and) 21 ALAN Z. LIN, an individual,)) 22 Defendants.)) 23 24 25 26 27 28 STIPULATION TO PERMIT MICROSOFT TO FILE THIRD AMENDED COMPLAINT Case No. 4:15-cv-03570-YGR 1 WHEREAS Defendants A&S Electronics, Inc. and Alan Z. Lin ("Defendants") filed a 2 Motion to Dismiss Microsoft's First Amended Complaint (Dkt. No. 26); and 3 WHEREAS on December 11, 2015, the Court issued a Tentative Ruling granting 4 Defendants' Motion to Dismiss with leave to amend (Dkt. No. 37), and directing the parties to 5 either stipulate to the entry of the Tentative Ruling or to appear for the scheduled oral argument on 6 Defendants' Motion; and 7 WHEREAS on December 14, 2015, the parties stipulated to entry of the Tentative Ruling 8 (Dkt. No. 38); and 9 WHEREAS on December 14, 2015, the Court entered the parties' stipulation (Dkt. No. 39), 10 and directed Microsoft to file its Second Amended Complaint on or before January 12, 2016; and 11 WHEREAS on January 12, 2016, Microsoft filed its Second Amended Complaint (Dkt. No. 12 40), in which it alleged the terms of two license agreements that it contends support its claim for 13 contributory copyright infringement pursuant to the reasoning in the Court's December 11, 2015 14 Tentative Ruling; and 15 WHEREAS on January 29, 2016, Defendants filed a Motion to Dismiss Microsoft's Second 16 Amended Complaint (Dkt. No. 41), and noticed a hearing for March 8, 2016; and 17 WHEREAS in the process of preparing its Opposition to Defendants' pending Motion to 18 Dismiss, Microsoft discovered a discrepancy in the terms of one of the license agreements alleged 19 in the Second Amended Complaint—the Microsoft Software License Agreement for Microsoft 20 Office 2013 Desktop Application Software ("Office 2013 License Agreement")—relating to the 21 transferability of Microsoft Office 2013 software; and 22 WHEREAS Microsoft is otherwise fully prepared to file its Opposition to Defendants' 23 Motion to Dismiss the Second Amended Complaint by the February 12, 2016 deadline; and 24 WHEREAS the parties agree that the litigation is best served if the Court's decision is 25 rendered on the basis of the correct language in the Office 2013 License Agreement; and 26 2 27 STIPULATION TO PERMIT MICROSOFT TO FILE THIRD AMENDED COMPLAINT 28 Case No. 4:15-cv-03570-YGR 1 WHEREAS the parties agree that, given the significance of Microsoft's license agreements 2 to the Court's reasoning in the December 11, 2015 Tentative Ruling, Microsoft should amend its 3 Complaint to set forth the exact terms of the Office 2013 License Agreement before the Court 4 adjudicates the merits of Microsoft's allegations. 5 NOW THEREFORE, the parties HEREBY STIPULATE AND AGREE AS FOLLOWS: 6 1. Microsoft is granted leave to file a Third Amended Complaint to allege the exact 7 terms governing the Office 2013 License Agreement; 8 2. Microsoft shall file its Third Amended Complaint within three (3) court days of the 9 filing of this Stipulation; 10 3. Upon filing of Microsoft's Third Amended Complaint, Defendants' pending Motion 11 to Dismiss (Dkt. No. 41) will be moot and should be taken off calendar. 12 4. Defendants shall have twenty (20) days to move to dismiss, answer, or otherwise 13 respond to Microsoft's Third Amended Complaint from the date on which it is filed. 14 IT IS SO STIPULATED. 15 16 ORDER ___________________ 17 18 Pursuant to the above stipulation of the parties, IT IS SO ORDERED. 19 20 Dated: February 17, 2016 ______________________________ 21 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT 22 23 24 25 26 27 28 3 STIPULATION TO PERMIT MICROSOFT TO FILE THIRD AMENDED COMPLAINT Case No. 15-3570