Intellisoft Ltd v. Toshiba Corporation et al

Filing 39

ORDER by Judge Hamilton granting in part and denying in part 29 Motion to Dismiss; ORDER staying case. (pjhlc1, COURT STAFF) (Filed on 9/13/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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INTELLISOFT LTD,.

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For the Northern District of California

United States District Court

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Plaintiff,
v.

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ORDER RE MOTION TO DISMISS;
ORDER STAYING CASE

TOSHIBA CORPORATION, et al.,

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No. C 12-3128 PJH

Defendants.
_______________________________/

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The motion of defendant Toshiba America Information Systems, Inc. (“TAIS”) for an

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order dismissing the claims asserted against it in the first amended complaint (“FAC”) came

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on for hearing before this court on September 12, 2012. Plaintiff Intellisoft Ltd. appeared

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by its counsel J. Paul Gignac, and TAIS appeared by its counsel Irfan Lateef and Timothy

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Goodson. Having read the parties’ papers and carefully considered their arguments, and

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good cause appearing, the court hereby rules as follows and for the reasons stated at the

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hearing.

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The motion to dismiss the FAC for lack of standing is DENIED, as the court finds

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that that issue must be decided based on a factual record. The motion to dismiss the FAC

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based on the running of the statute of limitations is GRANTED with leave to amend to

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allege facts showing that the running of the statute was tolled based on application of the

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discovery rule. Because a similar issue is currently under appeal in the case of Bierman v.

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IBM, C-10-4199 PJH, the court finds that the present case should be STAYED pending a

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ruling by the Ninth Circuit. The second amended complaint will be due 30 days after the

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stay is lifted.

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IT IS SO ORDERED.

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Dated: September 13, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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