Wine Bottle Recycling LLC v. Niagra Systems LLC et al

Filing 43

ORDER Denying 35 Ex Parte Motion for Jurisdictional Discovery filed by Wine Bottle Recycling LLC. Signed by Judge Samuel Conti on 1/11/2013. (sclc1, COURT STAFF) (Filed on 1/11/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 For the Northern District of California United States District Court 9 WINE BOTTLE RECYCLING LLC, Plaintiff, 11 12 13 v. NIAGRA SYSTEMS LLC, et al., 14 Defendants. 15 ) ) ) ) ) ) ) ) ) ) ) Case No. 12-cv-01924-SC ORDER DENYING PLAINTIFF'S EX PARTE MOTION FOR JURISDICTIONAL DISCOVERY 16 17 Now before the Court is Plaintiff Wine Bottle Recycling LLC's 18 ("Plaintiff") ex parte motion for jurisdictional discovery. 19 No. 35 ("Ex Parte Mot."). 20 of clarity. 21 jurisdictional discovery and otherwise fails to enunciate the 22 standard for granting or denying a motion for such discovery. 23 Indeed, Plaintiff's entire legal argument appears to boil down to 24 the circular and conclusory contention that Plaintiff is entitled 25 to jurisdictional discovery because Plaintiff has requested it. 26 See Ex Parte Mot. at 5-6. 27 28 ECF The Ex Parte Motion is far from a model Plaintiff does not cite to case law concerning Requests for jurisdictional discovery should normally be granted where "pertinent facts bearing on the question of 1 jurisdiction are controverted or where a more satisfactory showing 2 of the facts is necessary." 3 Inv., Inc., 788 F.2d 535, 540 (9th Cir. 1986) (quotations omitted). 4 On the other hand, "[w]here a plaintiff's claim of personal 5 jurisdiction appears to be both attenuated and based on bare 6 allegations in the face of specific denials made by defendants, the 7 Court need not permit even limited discovery . . . ." 8 Valley Nat'l Bank, 49 F.3d 555, 562 (9th Cir. 1995). Butcher's Union Local No. 498 v. SDC Terracom v. United States District Court In this case, it is unclear whether pertinent facts are 10 For the Northern District of California 9 controverted, whether a more satisfactory showing is necessary, or 11 what Plaintiff needs to obtain from jurisdictional discovery. 12 Further, since Plaintiff contends that it has already established 13 the prima facie showing of jurisdiction necessary to survive a Rule 14 12(b)(2) motion to dismiss, Ex Parte Mot. at 2, 5, it is unclear 15 why jurisdictional discovery is necessary at all. 16 Manheim Cent. California, 1:10-CV-01511-SKO, 2011 WL 1466684, at *2 17 (E.D. Cal. Apr. 18, 2011) ("Where the court makes its determination 18 on the basis of the pleadings and affidavits, a plaintiff need only 19 make a prima facie showing of jurisdiction [to survive a Rule 20 12(b)(2) motion]."). 21 See Martinez v. The Ex Parte Motion is also procedurally improper. Contrary 22 to Civil Local Rule 7-10, Plaintiff has failed to cite a statute, 23 Federal Rule, local rule, or Standing Order which would authorize 24 it to proceed ex parte. 25 would unnecessarily delay the adjudication of Defendants' motion to 26 dismiss for lack of personal jurisdiction, which has been pending 27 for almost six months. Additionally, granting Plaintiff's motion See ECF No. 12. 28 2 1 For the foregoing reasons, Plaintiff's Ex Parte Motion for 2 jurisdictional discovery is DENIED without prejudice. Plaintiff 3 may again request jurisdictional discovery through its opposition 4 to Defendants' pending motion to dismiss for lack of personal 5 jurisdiction. 6 shall be made in a manner consistent with the guidance set forth in 7 this Order. Any future requests for jurisdictional discovery 8 9 IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 12 Dated: January 11, 2013 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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