Yufa v. Particle Measuring Systems, Inc.

Filing 26

ORDER by Judge Hamilton Granting 12 17 Motions to Stay and for a More Definite Statement and Vacating Hearing Date (pjhlc2, COURT STAFF) (Filed on 8/21/2009)

1 2 3 4 5 6 7 8 9 10 v. PARTICLE MEASURING SYSTEMS, INC. Defendant(s). _______________________________/ ALEKSANDR L. YUFA Plaintiff(s), No. C 09-1388 PJH ORDER GRANTING MOTIONS TO STAY AND FOR A MORE DEFINITE STATEMENT AND VACATING HEARING DATE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

11
For the Northern District of California

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Before the court are defendant Particle Measuring System Inc.'s ("defendant") motion to stay the action pending the Patent & Trademark Office's ex parte reexamination of the `983 patent, and motion for a more definite statement. Plaintiff Aleksandr Yufa ("plaintiff") does not oppose the motion to stay, but argues that the motion for a more definite statement should be denied. Because the court finds that oral argument is unnecessary and would not be helpful, the hearing date of July 29, 2009 is VACATED pursuant to Civil Local Rule 7-1(b), and defendant's motions are GRANTED, as follows: 1. Defendant's motion to stay is granted, in view of (1) plaintiff's non-opposition

to the motion and (2) the fact that the requirements for a stay are easily met. See, e.g., Nanometrics, Inc. v. Nova Measuring Instruments, Ltd., 2007 WL 627920, *2 (N.D. Cal. Feb. 26, 2007); Telemac Corp. v. Teledigital, Inc., 450 F. Supp. 2d 1107, 1111 (N.D. Cal. 2006). 2. Defendant's motion for a more definite statement is also granted, for the

reasons advanced by defendant. Plaintiff must accordingly amend his complaint. However, the amended complaint need not be filed now. It can be filed instead within 30

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days of the date the stay is lifted. IT IS SO ORDERED. Dated: August 21, 2009 ______________________________ PHYLLIS J. HAMILTON United States District Judge

United States District Court

11
For the Northern District of California

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