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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MINDEN PICTURES, INC.,

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Plaintiff,

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v.

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For the Northern District of California

United States District Court

No. C-12-4601 EMC

JOHN WILEY & SONS, INC.,

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ORDER RE NOTICE RE MOTION TO
DISMISS

Defendant.
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(Docket No. 31)
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Currently pending before the Court is Defendant’s motion to dismiss for lack of subject

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matter jurisdiction, in which Defendant argues that Plaintiff lacks standing to bring this suit under

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the Copyright Act. Docket No. 31. Generally, a court considering evidence on a motion to dismiss

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for lack of subject matter jurisdiction may resolve disputed facts relevant to the question of

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jurisdiction. Augustine v. United States, 704 F.2d 1074, 1077 (9th Cir. 1983). Where, however, the

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jurisdictional issue is intertwined with factual issues going to the merits, any factual disputes must

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be resolved under the standard governing motions for summary judgment. Id. As the factual issues

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on this motion appear to be connected to issues going to the merits of Plaintiff’s claims, this Court

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hereby gives notice that the motion to dismiss shall be treated as a motion for summary judgment.

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Any party wishing to submit supplementary evidence must do so by 5:00 p.m. on Tuesday, May 7,

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2013.

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IT IS SO ORDERED.
Dated: May 6, 2013
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EDWARD M. CHEN
United States District Judge