Starboard Commercial Brokerage Inc. v. Colliers International

Filing 23

NOTICE RE ORAL ARGUMENT [re 7 MOTION to Dismiss for Lack of Jurisdiction Notice of Motion, Motion to Dismiss and Memorandum of Points and Authorities filed by Colliers International. Responses due by NOON ON 1/31/2017. Signed by Judge William Alsup on 1/23/2017. (whasec, COURT STAFF) (Filed on 1/23/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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STARBOARD COMMERCIAL BROKERAGE
INC.,
No. C 16-06421 WHA
Plaintiff,

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v.
COLLIER’S INTERNATIONAL GROUP, INC.,
individually and as successor in interest to Case
Commercial Partners LLC, and DOES 1 through
10, inclusive,
Defendants.
/

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NOTICE RE
ORAL ARGUMENT

In Collier’s International’s memorandum at page 5 it states:

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In reality, Collier’s International has no direct connection to the
contract, referral arrangement, or any of the California work for
which commissions may or may not be owed. Collier’s
International is not a party to the contract; it did not enter into a
referral arrangement with Plaintiff; and it did not perform any of
the work at issue in this case. Furthermore, it did not acquire Case
or assume any of Case’s responsibilities or liabilities.

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It seems impossible to reconcile what counsel have represented against Collier’s

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International’s own press release, a most disturbing circumstance to the Court. At least two

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calendar days before the oral argument, counsel (both law firms) shall provide a sworn

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declaration, explaining the extent to which they know of the discrepancy, and shall be prepared

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to discuss at oral argument.

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For plaintiff’s part, plaintiff shall advise the Court whether or not it will categorically

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limit itself to a total recovery of $75,000 or less and if so both sides shall provide points and

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authorities on whether hold such a categorical limitation would defeat removal jurisdiction.

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IT IS SO ORDERED.

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Dated: January 23, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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