Plaintiffs Skyriver Technology Solutions, LLC and Innovative Interfaces, Inc. move the Court for leave to file a short Surreply Brief in opposition to Defendant OCLC Online Computer Library Center, Inc.’s (“OCLC”) Motion to Dismiss Plaintiffs’ Complaint. Plaintiffs seek leave to file the Surreply for two simple reasons: (1) to make clear they believe the Court should hold oral argument on the Motion, and (2) that although Plaintiffs believe Defendant’s Motion to Dismiss is without merit, if the Court were for any reason inclined to grant the Motion, Plaintiffs wish to preserve their right to request leave to file an amended complaint under Fed. R. Civ. P. 15(a), a request Plaintiffs intend to assert at oral argument if necessary.
A brief memorandum in support of this motion is attached hereto along with the proposed Surreply.