Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Filing 45

ORDER Re Notice Re Motion to Dismiss. Signed by Judge Edward M. Chen on 5/6/2013. (emcsec, COURT STAFF) (Filed on 5/6/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 MINDEN PICTURES, INC., 9 Plaintiff, 10 v. 11 For the Northern District of California United States District Court No. C-12-4601 EMC JOHN WILEY & SONS, INC., 12 ORDER RE NOTICE RE MOTION TO DISMISS Defendant. ___________________________________/ (Docket No. 31) 13 14 Currently pending before the Court is Defendant’s motion to dismiss for lack of subject 15 matter jurisdiction, in which Defendant argues that Plaintiff lacks standing to bring this suit under 16 the Copyright Act. Docket No. 31. Generally, a court considering evidence on a motion to dismiss 17 for lack of subject matter jurisdiction may resolve disputed facts relevant to the question of 18 jurisdiction. Augustine v. United States, 704 F.2d 1074, 1077 (9th Cir. 1983). Where, however, the 19 jurisdictional issue is intertwined with factual issues going to the merits, any factual disputes must 20 be resolved under the standard governing motions for summary judgment. Id. As the factual issues 21 on this motion appear to be connected to issues going to the merits of Plaintiff’s claims, this Court 22 hereby gives notice that the motion to dismiss shall be treated as a motion for summary judgment. 23 Any party wishing to submit supplementary evidence must do so by 5:00 p.m. on Tuesday, May 7, 24 2013. 25 26 27 28 IT IS SO ORDERED. Dated: May 6, 2013 _________________________ EDWARD M. CHEN United States District Judge

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