University of Pittsburgh of the Commonwealth System of Higher Education v. Varian Medical Systems, Inc.

Filing 76

ORDER VACATING SEPTEMBER 5, 2008 HEARING. The September 5, 2008 hearing on defendant's motions to transfer and dismiss is vacated. Signed by Judge Maxine M. Chesney on September 4, 2008. (mmclc2, COURT STAFF) (Filed on 9/4/2008)

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court are two motions filed by defendant Varian Medical Systems, Inc.: (1) Motion to Transfer Action to Western District of Pennsylvania, filed June 27, 2008, and (2) Motion to Dismiss Plaintiff's Claims Pursuant to Fed. R. Civ. P. 12(b)(6) Based on Doctrine of Res Judicata, filed July 25, 2008. Plaintiff has filed oppositions to both motions, to which defendant has replied. Having read and considered the papers filed in support of and in opposition to the motions, the Court deems the matters suitable for decision thereon, and VACATES the hearing scheduled for September 5, 2008 IT IS SO ORDERED. Dated: September 4, 2008 MAXINE M. CHESNEY United States District Judge v. VARIAN MEDICAL SYSTEMS, INC., a Delaware corporation, Defendants / United States District Court UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION d/b/a UNIVERSITY OF PITTSBURGH, a Pennsylvania non-profit corporation (educational), Plaintiff, No. C-08-2973 MMC ORDER VACATING SEPTEMBER 5, 2008 HEARING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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