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Daniel Jurin v. Order Continuing Hearing and Requesting Further Briefing

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 25, 2011

DANIEL JURIN, PLAINTIFF,
v.
ORDER CONTINUING HEARING AND REQUESTING FURTHER BRIEFING GOOGLE INC., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

Before adjudicating Defendant's pending Motion to Dismiss Plaintiff's Second Amended Complaint, the Court believes that further briefing is necessary. Briefs should only address whether a claim for false designation has been properly pled under the false association prong of the cause of action, 15 U.S.C. § 1125(a)(1)(A), as distinct from the false advertising prong, 15 U.S.C. § 1125(a)(1)(B). Waits v. Frito-Lay, Inc., 978 F.2d 1093, 1109-10 (9th Cir. 1992).

The Court does not believe that question has adequately been briefed by the parties given the fact that each section of 15 U.S.C. § 1125(a)(1) has different standing requirements. Accordingly, the Court directs that simultaneous briefing on that issue only be provided not later than January 31, 2011. Responses, if any, are to be filed by February 4, 2011. No reply will be permitted. The hearing on the Motion to Dismiss (ECF No. 41) is hereby continued to February 10, 2011 at 2:00 p.m.

IT IS SO ORDERED.

20110125

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