Angioscore, Inc. v. Trireme Medical, Inc. et al

Filing 193

ORDER DEEMING MOTION WITHDRAWN re #176 Motion for Order filed by Angioscore, Inc. The order requiring supplemental briefing is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 4/15/14. (fs, COURT STAFF) (Filed on 4/15/2014)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 Northern District of California United States District Court 11 12 ANGIOSCORE, INC., Plaintiff, 13 14 15 16 17 Case No.: 12-CV-3393 YGR ORDER DEEMING MOTION WITHDRAWN v. TRIREME MEDICAL, INC., et al., Defendants. On February 26, 2014, plaintiff AngioScore, Inc. filed a motion for an order declaring that 18 substitute service purportedly made upon defendants Quattro Vascular PTE Ltd. ("Quattro") and QT 19 Vascular Ltd. ("QTV") was effective and that this Court has personal jurisdiction over those 20 defendants. (Dkt. No. 176 and exhibits.) After briefing completed, the Court ordered further 21 briefing on various questions raised by the parties but not addressed by them to the Court's 22 satisfaction. (Dkt. No. 190.) Thereafter, on April 9, 2014, defendants, including Quattro and QTV, 23 filed a notice of non-opposition to the motion, asserting that counsel for defendants TriReme 24 Medical LLC (fka TriReme Medical, Inc.) and Eitan Konstantino had been authorized to accept 25 service on behalf of Quattro and QTV. (Dkt. No. 191.) On April 11, 2014, plaintiff filed a notice of 26 withdrawal of the motion. (Dkt. No. 192 ("Notice of Withdrawal").) 27 28 Accordingly, the Court deems plaintiff's motion WITHDRAWN. The order requiring supplemental briefing is VACATED. 1 To the extent that plaintiff's Notice of Withdrawal seeks various explanations, confirmations, 2 and responses from defendants (see Notice of Withdrawal at 1-2), the Court does not interpret 3 plaintiff's notice to seek judicial intervention, as it is a notice, not a motion. See Fed. R. Civ. P. 4 7(b)(1). Therefore, the Court does not address those matters here. The Court's silence, however, 5 should not be deemed an invitation to further motion practice. 6 IT IS SO ORDERED. 7 8 9 Dated: April 15, 2014 __________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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