Eisen
Eisen v. Day
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 NOAM EISEN, et al., Case No. 21-cv-05349-VKD Plaintiffs, 9 v. ORDER CONDITIONALLY GRANTING DEFENDANT DAY’S
MOTION TO FILE AMENDED CROSS-
EMILY DAY, COMPLAINT Defendant. 12 Re: Dkt. No. 106 AND RELATED COUNTERCLAIMS 14 Defendant and counter-claimant Emily Day moves for leave to file an amended cross- complaint1 against plaintiff and counter-defendant Noam Eisen. Dkt. No. 106. The proposed amended cross-complaint omits a counterclaim for copyright infringement that Ms. Day asserted in the original cross-complaint. See Dkt. No. 1, Ex. E ¶¶ 40-44. Mr. Eisen opposes this motion, unless the copyright infringement counterclaim is dismissed with prejudice and he is awarded attorneys’ fees as a prevailing party pursuant to the Copyright Act, 17 U.S.C. § 505. See Dkt. No. 108.2 The Court held a hearing on the motion on December 19, 2023. Dkt. No. 112. Upon …