EscapeX IP, LLC v. Google LLC
- Vernon Broderick
- 1:23-cv-10839
- U.S. District Court · Southern District of New York
- 1
In EscapeX IP v. Google, Judge Figueredo denied EscapeX’s motion to strike Google’s supplemental authority concerning its sanctions motion.
The ruling directly affected EscapeX IP, LLC’s attempt to strike Google LLC’s supplemental-authority letter; the motion to strike was denied.
What happened
In EscapeX IP, LLC v. Google LLC, Google filed a letter giving the court additional legal authority related to its pending sanctions motion. EscapeX argued that the letter was an improper additional reply.
EscapeX asked the court to strike Google’s letter. The court explained that parties in the district commonly notify courts about new, relevant legal authority after briefing is complete.
Magistrate Judge Valerie Figueredo denied the motion to strike and directed the Clerk of Court to terminate the motion on the docket.
The detailed version
- EscapeX IP, LLC v. Google LLC · No. 1:23-cv-10839
- Vernon Broderick
- Apr. 1, 2025
Background
Google filed a letter on March 5, 2025, identifying supplemental legal authority that it said had become available since Google filed its motion for sanctions on March 25, 2024. EscapeX filed a motion on March 7, 2025, asking the court to strike Google’s letter. EscapeX argued that the letter was an improper sur-reply, meaning an additional filing after the regular briefing process.
Court’s Reasoning
The court stated that courts in the Southern District of New York allow parties to notify them by letter about new, relevant legal authority after briefing has ended. The court described that practice as fairly standard and cited decisions supporting it.
Ruling
Magistrate Judge Valerie Figueredo denied EscapeX’s motion to strike. The court also directed the Clerk of Court to terminate the motion listed at ECF No. 45. The order addressed the filing procedure and did not decide the underlying sanctions motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.