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[PROPOSED] ORDER RE FACEBOOK’S NOTICE OF WITHDRAWAL OF OPPOSITION TO 

SIX4THREE’S MOTION TO REMAND / CASE NO. 3:17-CV-00359-WHA

DURIE TANGRI LLP

SONAL N. MEHTA (SBN 222086)

smehta@durietangri.com

LAURA E. MILLER (SBN 271713)

lmiller@durietangri.com

CATHERINE Y. KIM (SBN 308442)

ckim@durietangri.com

217 Leidesdorff Street

San Francisco, CA 94111

Telephone: 415-362-6666

Facsimile: 415-236-6300

Attorneys for Defendant 

Facebook, Inc.

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

SIX4THREE, LLC, 

Plaintiff,

v.

FACEBOOK, INC.,

Defendant.

Case No. 3:17-cv-00359-WHA

[PROPOSED] ORDER REGARDING 

DEFENDANT FACEBOOK, INC.’S NOTICE 

OF WITHDRAWAL OF OPPOSITION TO 

PLAINTIFF SIX4THREE, LLC’S MOTION 

TO REMAND

Date: February 16, 2017

Time: 8:00 a.m.

Ctrm: 8, 19th Floor

Judge: Honorable William Alsup

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[PROPOSED] ORDER RE FACEBOOK’S NOTICE OF WITHDRAWAL OF OPPOSITION TO 

SIX4THREE’S MOTION TO REMAND / CASE NO. 3:17-CV-00359-WHA

WHEREAS, on February 14, 2017, the Court issued an Order Granting Request to File a Surreply 

and Requesting Response from Plaintiff (“Order”), stating:

. . . [B]y FEBRUARY 15 AT 2:00 P.M., plaintiff shall state unequivocally 

whether it will rely in any way on any federal law to support its claims 

herein. The response must be either “yes” or “no.” If the answer is “no,” 

plaintiff will be bound to that answer and on remand may not rely on any 

federal law.

ECF No. 28 at 2;

WHEREAS, on February 14, 2017, Plaintiff Six4Three, LLC (“Six4Three”) filed its Response to 

Order Granting Request to File a Surreply and Requesting Response from Plaintiff (“Response”), stating:

Plaintiff Six4Three, LLC hereby responds to Judge Alsup’s Order 

Granting Request to File a Surreply and Requesting Response from 

Plaintiff (#28) as follows: No.

ECF No. 29 at 1;

WHEREAS, Six4Three has therefore stated that it will not “rely in any way on any federal law to 

support its claims” and is “bound to that answer and on remand may not rely on any federal law,” ECF 

No. 28 at 2;

WHEREAS Facebook has withdrawn its Opposition to Six4Three’s Motion to Remand, ECF No. 

20, filed February 6, 2017 (“Opposition”), ECF No. 30 at 1;

Six4Three’s Motion to Remand is GRANTED. This case shall be remanded to the Superior 

Court of California, County of San Mateo.

IT IS SO ORDERED.

Dated: _________________

HONORABLE WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER RE FACEBOOK’S NOTICE OF WITHDRAWAL OF OPPOSITION TO 

SIX4THREE’S MOTION TO REMAND / CASE NO. 3:17-CV-00359-WHA

CERTIFICATE OF SERVICE

I hereby certify that on February 15, 2017 the within document was filed with the Clerk of the 

Court using CM/ECF which will send notification of such filing to the attorneys of record in this case.

/s/ Sonal N. Mehta

SONAL N. MEHTA

Case 3:17-cv-00359-WHA Document 30-1 Filed 02/15/17 Page 3 of 3