NxSystems, Inc. v. Monterey County Bank et al

Filing 59

ORDER for supplemental briefing on 39 MOTION to Dismiss filed by Northern California Bankcorp, Inc., Monterey County Bank. Signed by Judge Kandis A. Westmore on December 20, 2012. (kawlc2, COURT STAFF) (Filed on 12/21/2012)

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United States District Court
Northern District of California

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NXSYSTEMS, INC.,

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Case No.: 12-cv-5458 KAW

Plaintiff,

ORDER FOR SUPPLEMENTAL BRIEFING,
RESCHEDULING HEARING ON
DEFENDANT'S MOTION TO DISMISS

v.
MONTEREY CALIFORNIA BANK, et al.,
Defendants.

United States District Court
Northern District of California

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Defendants filed a motion to dismiss on November 5, 2012. On December 7, 2012,

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Plaintiff filed a document titled "Opposition to Defendant's Motion to Dismiss," that is in

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substance a motion to file an amended complaint, together with a proposed amended complaint.

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On December 14, 2012, Defendants filed a reply brief, arguing that amendment would be futile.

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Plaintiff is ordered to file supplemental briefing responding to the arguments in

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Defendants' reply brief by January 3, 2013. The hearing currently set for January 3, 2013 is

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continued to January 17, 2013, at 11:00 a.m.

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IT IS SO ORDERED.

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Dated: December 20, 2012

___________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE