TRC & Associates Inc v. Nuscience Corporation et al

Filing 84

ORDER DISCHARGING ORDER TO SHOW CAUSE RE. SUBJECT MATTER AND SUPPLEMENTAL JURISDICTION OVER LUMINA HEALTHS COUNTERCLAIM AND THIRD PARTY COMPLAINT 81 . The Court expects a voluntary dismissal of the Third-Party Complaint against John Clark to be filed within 14 days. (ECF No. 74.) Luminas counterclaims are subject to regular motion practice by Judge Otis D. Wright, II. (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TRC & ASSOCIATES,
Plaintiff/Counterdefendant,

ORDER DISCHARGING ORDER
TO SHOW CAUSE RE. SUBJECTv.
MATTER AND SUPPLEMENTAL
JURISDICTION OVER LUMINA
NUSCIENCE CORPORATION; LUMINA HEALTH’S COUNTERCLAIM AND
HEALTH PRODUCTS, INC., and DOES
THIRD PARTY COMPLAINT [81]
1-20, inclusive

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Case No. 2:13-cv-6903-ODW(CWx)

Defendants/Counterclaimants.
NUSCIENCE CORPORATION,
Third-Party Plaintiff,
v.
JOHN CLARK; DAVID MCKINNEY; and
STEPHEN E. ABRAHAM
Third-Party Defendants .
LUMINA HEALTH PRODUCTS, INC.,
Third-Party Plaintiff,
v.
JOHN CLARK
Third-Party Defendants.

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On December 19, 2013, the Court ordered Defendants NuScience Corporation

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and Lumina Health Products, Inc. to show cause why the Counterclaims and Third-

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Party Complaints filed in this action should not be dismissed for lack of jurisdiction.

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(ECF No. 81.) Lumina responded to the Order on December 23, 2013, indicating that

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it believes there is a legal basis for jurisdiction over the counterclaims, but that the

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Third-Party Complaint would be withdrawn.

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Lumina’s representations, the Court hereby DISCHARGES the Order to Show Cause

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as it relates to Lumina.1 (ECF No. 81.) The Court expects a voluntary dismissal of

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the Third-Party Complaint against John Clark to be filed within 14 days. (ECF No.

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(ECF No. 82, Ex. A.)

Based on

74.) Lumina’s counterclaims are subject to regular motion practice.
IT IS SO ORDERED.

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January 2, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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The Court is still evaluating NuScience’s response to the Order to Show Cause and a separate order
will issue.

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