California Institute of Computer Assisted Surgery, Inc. v. Med-Surgical Services, Inc.

Filing 27

ORDER by Judge Claudia Wilken denying 13 Motion For Relief From Automatic Referral to ADR (cwlc1, COURT STAFF) (Filed on 8/3/2010)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: August 3, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CALIFORNIA INSTITUTE OF COMPUTER ASSISTED SURGERY, INC., Plaintiff, v. MED-SURGICAL SERVICES, INC., Defendant. / No. 10-02042 CW ORDER DENYING DEFENDANT'S MOTION FOR RELIEF FROM AUTOMATIC REFERRAL TO ADR (Docket No. 13) On June 17, 2010, Defendant filed a motion for relief from automatic referral to alternative dispute resolution (ADR) in the instant patent infringement action. filed an opposition. On July 22, 2010, Plaintiff On July 29, 2010, Defendant filed a reply. Defendant merely alleges that the instant action is frivolous, and fails to show good cause for relief from automatic referral to ADR. Defendant's conclusory allegation does not sufficiently indicate that the ADR process is unlikely to deliver benefits to the parties. The Court therefore DENIES Defendant's motion. IT IS SO ORDERED. CLAUDIA WILKEN United States District Judge

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