Martensen v. Koch

Filing 36

ORDER GRANTING DEFENDANTS MOTION TO DISMISS; DENYING DEFENDANTS MOTION TO STRIKE AS MOOT. Signed by Magistrate Judge Jacqueline Scott Corley on 3/1/2013. (ahm, COURT STAFF) (Filed on 3/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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KIRBY MARTENSEN,

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Plaintiff,
v.

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Case No.: C-12-05257 JSC
ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS; DENYING
DEFENDANT’S MOTION TO
STRIKE AS MOOT

WILLIAM KOCH and DOES 1-25,
inclusive,
Defendant.

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Now pending before the Court are Defendant’s motions to (1) dismiss Plaintiff’s Complaint

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(i) under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction; (ii) under Rule

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12(b)(3) for improper venue, or in the alternative, to transfer the case under 28 U.S.C. § 1404(a) to

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the Southern District of Florida or to the District of Colorado; and (iii) under Rule 12(b)(6) for

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failure to state a claim for relief; and (2) strike Plaintiffs’ punitive damages allegations in Paragraph

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23 of the Complaint and Paragraph 2 of the Prayer for Relief, under Federal Rule of Civil Procedure

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12(f). (Dkt. No. 14.) After having the benefit of oral argument on February 28, 2013, and in light of

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Plaintiff’s request to amend the Complaint and the Court’s conclusion that such amendment would

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not necessarily be futile, Defendant’s motion to dismiss is GRANTED with leave to amend.

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Defendant’s motion to strike Plaintiff’s punitive damages allegations is accordingly DENIED as

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moot.

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An amended complaint, if any, shall be filed no later than March 14, 2013. Defendant shall

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file his motion to dismiss any amended complaint no later than March 28, 2013. The hearing on

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Defendant’s motion to dismiss the amended complaint shall occur on April 25, 2013 at 9:00 a.m. In

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addition, a Case Management Conference (“CMC”) is set for April 25, 2013 at 9:00 a.m. A joint

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CMC statement shall be filed by April 18, 2013.

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IT IS SO ORDERED.

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Northern District of California

United States District Court

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Dated: March 1, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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