Tech 21 UK Limited et al v. Spigen Inc.

Filing 33

ORDER DENYING SPIGEN, INC.'S MOTION TO DISMISS. Case Management Conference set for 5/5/2016 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 2/2/16. (cl, COURT STAFF) (Filed on 2/2/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TECH 21 UK LIMITED, et al.,

Case No. 15-cv-05059-RS

Plaintiffs,
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United States District Court
Northern District of California

v.

ORDER DENYING SPIGEN INC.'S
MOTION TO DISMISS

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SPIGEN INC.,
Defendant.

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Defendant Spigen, Inc. filed a motion to dismiss plaintiff Tech 21 UK Limited’s complaint

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and a motion to transfer this case to the U.S. District Court for the Central District of California.

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Rather than respond to the motion to dismiss, Tech 21 filed a first amended complaint pursuant to

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Federal Rule of Civil Procedure 15(a)(1)(B). Spigen’s motion to dismiss the complaint is

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therefore denied without prejudice to Spigen’s right to challenge the sufficiency of the First

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Amended Complaint (“FAC”). Because the averments in the FAC may alter the potential reasons

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to transfer the case, Spigen’s motion to transfer is also denied without prejudice. If Spigen wishes

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to pursue its motion to transfer, it may renotice the motion without filing additional papers. The

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case management conference will be rescheduled to take place on May 5, 2016 at 10:00 a.m.

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IT IS SO ORDERED.

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Dated: February 2, 2016
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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<< SHORT ORDER TITLE >>
CASE NO. 15-cv-05059-RS

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