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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 STARBOARD COMMERCIAL BROKERAGE INC., No. C 16-06421 WHA Plaintiff, 12 13 14 15 16 v. COLLIER’S INTERNATIONAL GROUP, INC., individually and as successor in interest to Case Commercial Partners LLC, and DOES 1 through 10, inclusive, Defendants. / 17 18 19 NOTICE RE ORAL ARGUMENT In Collier’s International’s memorandum at page 5 it states: 22 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. 23 It seems impossible to reconcile what counsel have represented against Collier’s 20 21 24 International’s own press release, a most disturbing circumstance to the Court. At least two 25 calendar days before the oral argument, counsel (both law firms) shall provide a sworn 26 declaration, explaining the extent to which they know of the discrepancy, and shall be prepared 27 to discuss at oral argument. 28 1 For plaintiff’s part, plaintiff shall advise the Court whether or not it will categorically 2 limit itself to a total recovery of $75,000 or less and if so both sides shall provide points and 3 authorities on whether hold such a categorical limitation would defeat removal jurisdiction. 4 5 IT IS SO ORDERED. 6 7 Dated: January 23, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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