Idea Solutions, LLC v. Datavibes Technologies et al

Filing 17

ORDER RE: MOTION TO DISMISS; ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 8/31/2017 10:00 AM. Show Cause Response due by 8/17/2017.Signed by Judge Maria-Elena James on 8/8/2017. (mejlc3, COURT STAFF) (Filed on 8/8/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 IDEA SOLUTIONS, LLC, Case No. 17-cv-02338-MEJ Plaintiff, 5 v. ORDER RE: MOTION TO DISMISS; ORDER TO SHOW CAUSE 6 7 DATAVIBES TECHNOLOGIES, et al., Defendants. 8 On July 19, 2017, Defendant Visvero, Inc. as successor in interest to Datavibes, Inc. filed a 10 Motion to Dismiss for Failure to State a Claim, Lack of Jurisdiction, Improper Venue, and Lack of 11 United States District Court Northern District of California 9 Standing, with a noticed hearing date of August 31, 2017. Dkt. No. 9. Plaintiff Idea Solutions, 12 LLC filed a statement of non-opposition on August 2, 2017, indicating it did not concede or 13 concur with the arguments in the Motion, but that it would file a proposed notice of dismissal 14 “within the next business day.” Dkt. No. 16. As of the date of this Order, Plaintiff has not filed a 15 notice of dismissal. 16 Accordingly, the Court hereby GRANTS the Motion to Dismiss WITHOUT PREJUDICE 17 and VACATES the motion hearing. In addition, if Plaintiff does not file a notice of dismissal 18 before August 17, 2017, the Court ORDERS Plaintiff to show cause why this case should not be 19 dismissed for failure to prosecute. If a responsive declaration is filed, the Court shall either issue 20 an order based on the declaration or conduct a hearing on August 31, 2017 at 10:00 a.m. in 21 Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Notice is hereby 22 provided that failure to file a written response will be deemed an admission that Plaintiff does not 23 intend to prosecute, and the case will be dismissed without prejudice. 24 25 26 27 28 IT IS SO ORDERED. Dated: August 8, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge

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