UTHE Technology Corp v. Allen, et al

Filing 233

ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE Motions due by 7/14/2016. Further Case Management Conference set for 8/18/2016 08:00 AM in Courtroom 8, 19th Floor, San Francisco. Motion Hearing set for 8/18/2016 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 6/24/16. (whalc1, COURT STAFF) (Filed on 6/24/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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UTHE TECHNOLOGY CORP,

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For the Northern District of California

United States District Court

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No. C 95-02377 WHA

Plaintiff,
v.

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HARRY ALLEN and AETRIUM, INC.,

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Defendants.
/

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ORDER LIFTING STAY AND
SETTING BRIEFING SCHEDULE

The Supreme Court issued its decision in RJR Nabisco, Inc. v. The European Community,

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579 U.S. ___ (2016). The stay pending that decision is hereby LIFTED. That decision held that

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a private RICO plaintiff must allege a domestic injury. Defendants contend that plaintiff’s only

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remaining claim relates to a foreign injury under RJR Nabisco, Inc., and therefore seeks leave to

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file a summary judgment motion directed at that issue.

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Defendants shall file a motion directed solely at the extraterritoriality issue by JULY 14,

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to be noticed on the normal 35-day calendar. A further case management conference is hereby

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set for AUGUST 18, AT 8:00 A.M., to occur in conjunction with the hearing on defendants’

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anticipated motion. As noted in the order staying the case, if summary judgment is denied, the

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trial will be scheduled to occur very shortly thereafter.

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IT IS SO ORDERED.

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Dated: June 24, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE