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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSEPH F. MARKETTE, ET AL., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 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 12 13 The parties are directed to submit simultaneous supplemental briefs not to exceed 6 pages, 14 focusing on the impact of the Ninth Circuit’s recent opinion in City of Dearborn Heights Act 345 15 Police & Retirement Sys. v. Align Tech., Inc., No. 14-16814, 2017 WL 1753276, --- F.3d --- (9th 16 Cir. May 5, 2017). The parties should (1) discuss whether Dearborn affects the arguments they 17 have made and why; and (2) include a chart listing each allegedly false or misleading statement 18 pled in the complaint in column 1, and identifying the Dearborn standard for pleading falsity 19 applicable to each statement in column 2—i.e., material misrepresentations, opinion statements 20 with materially misleading embedded statements of fact, or statements that are false based on the 21 omission of material facts. See id. at *7. For each statement classified as an opinion statement 22 with an embedded statement of fact, the parties should identify the embedded fact. 23 The briefs must be submitted by June 9, 2017. No responsive filings are permitted. 24 IT IS SO ORDERED. 25 Dated: May 26, 2017 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

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