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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`APPLIED MATERIALS, INC.,
`Plaintiff,
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`vs.
`DEMARAY LLC,
`Defendant.
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`CASE NO. 5:20-cv-05676-EJD
`[PROPOSED] ORDER GRANTING
`LEAVE TO LODGE NEW
`DECLARATORY JUDGMENT
`COMPLAINT
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`[PROPOSED] ORDER
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`Case 5:20-cv-05676-EJD Document 50 Filed 12/24/20 Page 2 of 2
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`[PROPOSED] ORDER
`Before the Court is Plaintiff Applied Materials, Inc.’s (“Applied”) Administrative Motion
`for Leave to Lodge a New Declaratory Judgment Complaint (“Motion”).
`Having considered the issues presented in the Motion, the Motion is GRANTED.
`[ALTERNATIVE #1]
`IT IS THEREFORE ORDERED THAT Applied shall lodge the proposed new complaint
`on this Court’s docket as a separate docket entry.
`IT IS FURTHER ORDERED THAT the complaint shall be deemed the operative
`complaint in this action, and Demaray LLC (“Demaray”) shall file a responsive pleading within
`[__] days. Demaray’s pending motion to dismiss, Dkt. Nos. 39, 42, 43, is denied as moot.
`IT IS FURTHER ORDERED THAT Applied shall voluntarily dismiss the new action,
`Case No. 5:20-cv-9341.
`[ALTERNATIVE #2]
`IT IS THEREFORE ORDERED THAT Applied shall lodge the proposed new complaint
`on this Court’s docket as a separate docket entry.
`IT IS FURTHER ORDERED THAT in the new action, Case No. 5:20-cv-9341, Applied
`shall file an administrative motion to consider whether these cases should be related, pursuant to
`Local Rule 3-12.
`IT IS FURTHER ORDERED THAT Demaray LLC’s (“Demaray”) motion to dismiss is
`held in abeyance until the Court in Case No. 5:20-cv-9341 rules on Applied’s administrative
`motion to consider whether these cases should be related.
`IT IS SO ORDERED.
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`Dated:
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`EDWARD J. DAVILA
`United States District Judge
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`[PROPOSED] ORDER
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