Opinion
Case No. 10-cv-05035-EJD.
October 27, 2011
RANDALL W. EDWARDS (S.B. #179053), O'MELVENY MYERS LLP, San Francisco, California, Attorneys for Defendant, Google Inc.
Having considered the Stipulation to Withdrawal of Google's Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Rules 12(b)(1) and (12)(b)(6) and Request for Status Conference, and for good cause shown,
PURSUANT TO STIPULATION IT IS HEREBY ORDERED that the withdrawal of Google's Motion to Dismiss shall be without prejudice to re-filing a Rule 12(b) motion at a later time. The Case Management Conference currently scheduled for December 2, 2011, at 10:00 a.m. is converted to a Status Conference and as such remains on calendar. On or before November 23, 2011, the parties shall file a Joint Status Conference Statement which updates the court on the current status of the case and provides a proposed briefing and hearing schedule for any renewed Rule 12 motion. The Clerk shall terminate Docket Item No. 33.