Locata LBS LLC v. PayPal Inc et al

Filing 67

ORDER RESERVING RULING ON 51 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(6). Case Management Statement due by 8/22/2014. Case Management Conference set for 8/29/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 8/14/14. (jjoS, COURT STAFF) (Filed on 8/14/2014)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

LOCATA LBS LLC, a California limited
liability company,

10

No. C 14-01864 JSW

11
v.
For the Northern District of California

United States District Court

Plaintiff,
ORDER RESERVING RULING
ON DEFENDANTS’ MOTION TO
DISMISS

12
13
14

PAYPAL, INC., a Delaware corporation, and
EBAY INC., a Delaware corporation,
Defendants.
/

15
16
17

Now before the Court is the motion to dismiss filed by eBay Inc. and PayPal Inc.

18

(“Defendants”). Upon consideration of the parties’ papers and the relevant legal authority, the

19

Court finds that it would be beneficial to conduct claims construction before adjudicating the

20

motion to dismiss. Therefore, the Court HEREBY RESERVES RULING on the pending

21

motion to dismiss.

22

The Court FURTHER ORDERS that the case management conference, currently

23

scheduled for September 12, 2014, is ADVANCED to August 29, 2014 at 11:00 a.m. In their

24

joint management statement, the parties shall include a proposed schedule for briefing on the

25

claims construction. The Court notes that the parties previously submitted a stipulation and

26

proposed order for selecting an ADR process, but merely stated that their requested process and

27

deadline were “to be determined.” In effect, the parties failed to select any ADR process or

28

1

deadline. The Court directs the parties to meet and confer and to submit a revised stipulation

2

and proposed order.

3

IT IS SO ORDERED.

4
5

Dated: August 14, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2