Markette v. XOMA Corp et al

Filing 109

ORDER by Judge Haywood S. Gilliam, Jr. Directing Supplemental Briefing on Defendants' Motion to Dismiss. (hsglc1S, COURT STAFF) (Filed on 5/26/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH F. MARKETTE, ET AL.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No.15-cv-03425-HSG

v.
JOHN VARIAN, et al.,
Defendants.

ORDER DIRECTING SUPPLEMENTAL
BRIEFING ON DEFENDANTS’
MOTION TO DISMISS
Re: Dkt. No. 94

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The parties are directed to submit simultaneous supplemental briefs not to exceed 6 pages,

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focusing on the impact of the Ninth Circuit’s recent opinion in City of Dearborn Heights Act 345

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Police & Retirement Sys. v. Align Tech., Inc., No. 14-16814, 2017 WL 1753276, --- F.3d --- (9th

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Cir. May 5, 2017). The parties should (1) discuss whether Dearborn affects the arguments they

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have made and why; and (2) include a chart listing each allegedly false or misleading statement

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pled in the complaint in column 1, and identifying the Dearborn standard for pleading falsity

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applicable to each statement in column 2—i.e., material misrepresentations, opinion statements

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with materially misleading embedded statements of fact, or statements that are false based on the

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omission of material facts. See id. at *7. For each statement classified as an opinion statement

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with an embedded statement of fact, the parties should identify the embedded fact.

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The briefs must be submitted by June 9, 2017. No responsive filings are permitted.

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IT IS SO ORDERED.

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Dated: May 26, 2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge