William Silverstein v. Keynetics Inc. et al

Filing 32

ORDER by Magistrate Judge Donna M. Ryu denying without prejudice 17 Motion for Partial Summary Judgment; finding as moot 28 Motion to Continue, 30 Motion for Joinder.(dmrlc1, COURT STAFF) (Filed on 3/24/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM SILVERSTEIN,

Case No. 16-cv-00684-DMR

Plaintiff,
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v.
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KEYNETICS INC., et al.,
Defendants.

ORDER RE PLAINTIFF'S MOTION
FOR PARTIAL SUMMARY
JUDGMENT WITHOUT PREJUDICE
Re: Dkt. No. 17

United States District Court
Northern District of California

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The court has received Plaintiff’s motion for partial summary judgment (Docket No. 17),

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and Defendants Keynetics Inc. and Click Sales Inc.’s administrative motion to continue the

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briefing and hearing schedule on Plaintiff’s motion (Docket No. 28). Plaintiff’s motion for partial

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summary judgment raises two issues: 1) whether federal law preempts California Business &

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Professions Code section 17529.5 and 2) whether the emails in question violate California

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Business & Professions Code section 17529.5. The first issue presents a question of law that has

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already been raised in the pending motions to dismiss (Docket Nos. 6, 13). The second issue

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appears to raise a factual question which is more appropriate for resolution at a later date.

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Accordingly, Plaintiff’s motion for partial summary judgment is denied without prejudice. The

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court will discuss with the parties the timing of any summary judgment motions at the initial case

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management conference. Defendants’ administrative motion is denied as moot.

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IT IS SO ORDERED.
Dated: March 24, 2016
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Donna M. Ryu
United States Magistrate Judge