Markette v. XOMA Corp et al
ORDER by Judge Haywood S. Gilliam, Jr. Directing Supplemental Briefing on Defendants' Motion to Dismiss. (hsglc1S, COURT STAFF) (Filed on 5/26/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JOSEPH F. MARKETTE, ET AL.,
United States District Court
Northern District of California
JOHN VARIAN, et al.,
ORDER DIRECTING SUPPLEMENTAL
BRIEFING ON DEFENDANTS’
MOTION TO DISMISS
Re: Dkt. No. 94
The parties are directed to submit simultaneous supplemental briefs not to exceed 6 pages,
focusing on the impact of the Ninth Circuit’s recent opinion in City of Dearborn Heights Act 345
Police & Retirement Sys. v. Align Tech., Inc., No. 14-16814, 2017 WL 1753276, --- F.3d --- (9th
Cir. May 5, 2017). The parties should (1) discuss whether Dearborn affects the arguments they
have made and why; and (2) include a chart listing each allegedly false or misleading statement
pled in the complaint in column 1, and identifying the Dearborn standard for pleading falsity
applicable to each statement in column 2—i.e., material misrepresentations, opinion statements
with materially misleading embedded statements of fact, or statements that are false based on the
omission of material facts. See id. at *7. For each statement classified as an opinion statement
with an embedded statement of fact, the parties should identify the embedded fact.
The briefs must be submitted by June 9, 2017. No responsive filings are permitted.
IT IS SO ORDERED.
Dated: May 26, 2017
HAYWOOD S. GILLIAM, JR.
United States District Judge
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