Loop AI Labs, Inc. v. Gatti et al

Filing 231

ORDER by Judge Haywood S. Gilliam, Jr. SETTING BRIEFING SCHEDULE (terminating 196 Motion to Dismiss for Lack of Jurisdiction) (ndrS, COURT STAFF) (Filed on 10/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOOP AI LABS INC,

Case No. 15-cv-00798-HSG

Plaintiff,
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v.

ORDER SETTING BRIEFING
SCHEDULE

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ANNA GATTI, et al.,
Defendants.

United States District Court
Northern District of California

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On September 2, 2015, the Court denied without prejudice the motion to dismiss the First

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Amended Complaint (“FAC”) for lack of personal jurisdiction filed by Defendants Almaviva

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S.p.A. and Almawave S.r.l. (the “Italian Almaviva Defendants”). Dkt. No. 183. In that order, the

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Court granted Plaintiff Loop AI Labs, Inc. the opportunity to take jurisdictional discovery and

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ordered the parties to meet and confer on the length and scope of the jurisdictional discovery

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period. Id. at 6-7. The parties did not reach an agreement and submitted a joint letter brief to

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Judge Donna Ryu on September 23, 2015. Dkt. No. 211. That letter brief remains pending.

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This order sets the schedule for events following the jurisdictional discovery period to be
established by Judge Ryu:
Event
Loop AI will file a Third Amended Complaint
(“TAC”) alleging all facts discovered during the
jurisdictional discovery period that supports the
Court’s personal jurisdiction over the Italian
Almaviva Defendants. Loop AI may not add any
new allegations to the TAC not relevant to personal
jurisdiction.
If the Italian Almaviva Defendants continue to
believe that the Court lacks personal jurisdiction,
they may file a regularly-noticed motion to dismiss
under Federal Rule 12(b)(2). Otherwise, the Italian
Almaviva Defendants must file an Answer to the
TAC by the same deadline.

Deadline

14 days after the expiration of the
jurisdictional discovery period.

35 days after the expiration of the
jurisdictional discovery period.

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The Italian Almaviva Defendants are not required to file an Answer to either Loop AI’s

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FAC or Second Amended Complaint (“SAC”). The Italian Almaviva Defendants’ renewed

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motion to dismiss the (no longer operative) FAC, Dkt. No. 196, is TERMINATED.

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IT IS SO ORDERED.
Dated: October 1, 2015
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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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