Newmatic Sound Systems,, Inc. v. Magnacoustics, Inc.

Filing 43

ORDER GRANTING 37 Ex Parte Application FOR ADMINISTRATIVE RELIEF AND APPROVAL TO FILE A MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT IN EXCESS OF 15 PAGES IN LENGTH. Signed by Judge JEFFREY S. WHITE on 4/13/10. (jjo, COURT STAFF) (Filed on 4/13/2010)

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Craig M. Stainbrook, Calif. State Bar #160876 STAINBROOK & STAINBROOK, LLP 412 Aviation Boulevard, Suite H Santa Rosa, California 95403 707.578.9333 phone [phone] fax Email: [e-mail] Warren L. Dranit, Calif. State Bar #160252 Terry S. Sterling, Calif. State Bar #106379 Spaulding McCullough & Tansil, LLP 90 South E Street, Suite 200 Santa Rosa, CA 95404 707.524.1900 phone [phone] fax Email: [e-mail]; [e-mail] Attorneys for Plaintiff NEWMATIC SOUND SYSTEMS, INC.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA NEWMATIC SOUND SYSTEMS, INC. (a California corporation), Plaintiff vs. MAGNACOUSTICS, INC. (a New York corporation), WAYNE LEDERER, individually, and DOES 1-10, inclusive, Defendants. CASE NO. CV 10-00129 JSW Judge: Jeffrey S. White PLAINTIFF NEWMATIC SOUND SYSTEMS, INC.'S EX PARTE APPLICATION FOR ADMINISTRATIVE RELIEF AND APPROVAL TO FILE A MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT IN EXCESS OF 15 PAGES IN LENGTH; DECLARATION OF TERRY S. STERLING; [PROPOSED] ORDER

TO DEFENDANTS AND TO THEIR ATTORNEYS OF RECORD: Plaintiff Newmatic Sound Systems, Inc. ("Newmatic Sound") is opposing defendants' Motion to Dismiss First Amended Complaint For Lack Of Article III Standing ("Motion"). In order to properly oppose the Motion, more space is needed than the 15 pages allowed by this Court's Civil Standing Order, ¶6. Pursuant to Rules 7-10 and 7-11 of this Court's Local Rules, Newmatic Sound hereby submits its Ex Parte Application for Administrative Relief from the page limitation of 15
1 PLAINTIFF NEWMATIC SOUND SYSTEMS, INC.'S EX PARTE APPLICATION FOR ADMINISTRATIVE RELIEF Case No. C 10 00129 JSW

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pages, and requests that approval be granted to file a longer opposition memorandum, not to exceed 25 pages in length. Good cause exists to grant this Ex Parte Application. Defendants have moved to dismiss the First Amended Complaint based on: an alleged lack of personal jurisdiction as to defendant Magnacoustics, Inc.; an alleged lack of personal jurisdiction as to defendant Wayne Lederer; and an alleged lack of Article III standing as a result of Newmatic Sound's failure to include Wayne Lederer, owner of the patent at issue, as a defendant in the original Complaint (defendants claim that this defect was not cured by adding Lederer as a defendant in the First Amended Complaint). The arguments relating to all of these issues, and particularly the arguments relating to personal jurisdiction, are very fact intensive. Newmatic Sound must detail all of the contacts that each of the defendants has with the State of California, and then analyze those facts under the applicable legal principles. To do so and still be able to respond to defendants' arguments regarding Article III standing will require more than 15 pages. Newmatic Sound anticipates that the memorandum in opposition to the Motion will not exceed 25 pages, and that this amount of space is necessary to fully argue the issues raised in the Motion. Newmatic Sound will not have the opportunity to provide the court with a full analysis of the jurisdictional issues, including a complete analysis of the law and facts pertaining thereto, unless this Application is granted. Therefore, Newmatic Sound respectfully requests that this Court grant this Ex Parte Application and allow Newmatic Sound to file a memorandum of points and authorities in support of its Opposition to defendants' Motion to Dismiss not to exceed 25 pages in length. DATED: April 7, 2010 Respectfully submitted, SPAULDING MCCULLOUGH & TANSIL, LLP Attorneys For Plaintiff NEWMATIC SOUND SYSTEMS, INC.

By: /s/ Terry S. Sterling Terry S. Sterling

2 PLAINTIFF NEWMATIC SOUND SYSTEMS, INC.'S EX PARTE APPLICATION FOR ADMINISTRATIVE RELIEF Case No. C 10 00129 JSW

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[PROPOSED] ORDER IT IS HEREBY ORDERED that plaintiff NEWMATIC SOUND SYSTEMS, INC. may file a Memorandum of Points and Authorities in opposition to defendant's Motion to Dismiss First Amended Complaint For Lack Of Article III Standing of up to 25 pages in length.

DATED:

April 13, 2010

HONORABLE JEFFREY S. WHITE United States District Judge

5 PLAINTIFF NEWMATIC SOUND SYSTEMS, INC.'S EX PARTE APPLICATION FOR ADMINISTRATIVE RELIEF Case No. C 10 00129 JSW