United States Small Business Administration v. Rocket Ventures II, L.P. et al

Filing 114

ORDER REQUESTING DOCUMENTS REGARDING MOTION TO DISMISS. Signed by Judge Jeffrey S. White on 11/13/12. (jjoS, COURT STAFF) (Filed on 11/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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US SMALL BUSINESS ADMIN,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 10-04425 JSW

v.
ROCKET VENTURES II, et al.

ORDER REQUESTING
DOCUMENTS REGARDING
MOTION TO DISMISS

Defendants.
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The motion to dismiss brought by Defendants Jean-Claude Guez, Michele Liberato,

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Yves Derville, Philippe Gire, Michel Roujanksy, Michel Saunier, and Patrice Vinet (the

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“French and Italian Defendants”) is scheduled to be heard on November 16, 2012. The Court

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finds this matter is suitable for disposition without oral argument. See N.D. Cal. Civ. L.R. 7-

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1(b). Accordingly, the hearing set for November 16, 2012 is VACATED.

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In its opposition to the motion to dismiss, United States Small Business Administration

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(“SBA”), in its capacity as Receiver for Rocket Ventures II SBIC, L.P. (“Plaintiff”) argues that

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each of the French and Italian Defendants executed appointments of agents for service of

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process. However, Plaintiff only submitted executed documents for six out of the seven French

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and Italian Defendants. (See Declaration of Richard Moser, ¶¶ 6-11, Exs. C-H.) The Court

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HEREBY DIRECTS Plaintiff to file a supplemental declaration with the executed appointment

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for service of process by Defendant Michelle Liberato by no later than November 15, 2012. If

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Plaintiff is unable to locate a copy of this document, Plaintiff shall provide a supplemental brief

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by no later than November 15, 2012 to explain on what basis Plaintiff contends service on

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Defendant Michelle Liberato was proper.

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IT IS SO ORDERED.

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Dated: November 13, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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