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HARRIS v. SAN JOSE MERCURY NEWS

United States District Court, N.D. California


November 22, 2005.

CHRISTOPHER R. HARRIS, Plaintiff,
v.
SAN JOSE MERCURY NEWS, Defendant.

The opinion of the court was delivered by: CHARLES BREYER, District Judge

ORDER

Now pending before the Court are several motions arising from disputes surrounding defendant's motion for summary judgment. The Court has considered the extensive briefing and rules as follows:

1. Plaintiff's motion to stay the motion for summary judgment as to claim two, the Digital Millennium Copyright Act claim, is GRANTED. On May 27, 2005, in open court, the Court definitively directed the parties to narrow discovery and defendant's summary judgment motion to the four prongs of the fair use doctrine under 15 U.S.C. section 107. See Tr. 31:24-25; See also July 11 Order (Docket #75); July 6 Letter from James Chadwick (Docket #67). Thus, at this time the Court will consider defendant's motion for summary judgment as it pertains to that claim only.

  2. Plaintiff's motion to strike defendant's reply and defendant's motion for administrative relief are DENIED. To the extent that defendant improperly introduced new arguments or evidence in its reply brief, plaintiff may file a sur-reply brief addressing the new arguments and evidence of no more than 10 pages on or before November 29, 2005.

  IT IS SO ORDERED.

20051122

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