Sandisk Corporation v. Round Rock Research LLC

Filing 32

ORDER RE BRIEFING OF PENDING MOTIONS. Signed by Judge Richard Seeborg on 12/1/11. (cl, COURT STAFF) (Filed on 12/1/2011)

*E-Filed 12/1/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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SAN DISK CORPORATION,
Plaintiff,
v.

No. C 11-5243 RS
ORDER RE BRIEFING OF PENDING
MOTIONS

ROUND ROCK RESEARCH LLC
Defendant.
____________________________________/

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Defendant’s motion to dismiss for lack of personal jurisdiction and failure to state a claim,

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and plaintiff’s motion for leave to conduct jurisdictional discovery, are both set for hearing on

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January 12, 2012. Plaintiff seeks to have its deadline for opposing the motion to dismiss extended,

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and the hearing on its motion for leave to conduct discovery advanced, so that it can incorporate the

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results of jurisdictional discovery into its opposition to the dismissal motion. Those requests are

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denied. Plaintiff should include in its opposition to the motion to dismiss all facts and arguments it

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presently possesses as to why it contends a basis for personal jurisdiction exists. Should that

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showing prove insufficient, the Court will then take up the question of whether jurisdictional

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discovery is warranted. Accordingly, both motions will remain on calendar as presently scheduled.

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To permit the parties a fair opportunity to prepare their briefing in light of this order, and taking into

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account the holidays, oppositions to both motions shall be due on December 13, 2011, with replies

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due on December 20, 2011. The parties should bear in mind that the question of whether

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jurisdictional discovery will be allowed may be largely subsumed into the analysis of the motion to

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dismiss, and that therefore further briefing on the motion for leave to conduct such discovery likely

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need not be extensive.

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IT IS SO ORDERED.

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Dated: 12/1/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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