TSI USA LLC v. Uber Technologies Inc

Filing 59

ORDER DIRECTING SUPPLEMENTAL BRIEFING ON DEFENDANTS MOTION TO DISMISS. Signed by Judge Haywood S. Gilliam, Jr. on 10/17/2017. (ndrS, COURT STAFF) (Filed on 10/17/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TSI USA LLC,
Plaintiff,

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v.

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UBER TECHNOLOGIES, INC.,
Defendant.

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United States District Court
Northern District of California

Case No.17-cv-03536-HSG
ORDER DIRECTING SUPPLEMENTAL
BRIEFING ON DEFENDANT’S
MOTION TO DISMISS
Re: Dkt. No. 42

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The parties dispute which forum’s law governs this case but did not fully brief the issue.

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Defendant Uber Technologies, Inc.’s motion to dismiss applies California law. Dkt. No. 42.

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Plaintiff TSI USA LLC’s opposition raises the issue of whether California or Texas law applies

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without arguing the issue. Dkt. No. 53-2. Defendant’s reply points to the language of the

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underlying contract’s choice-of-law provision, as well as the order transferring the case from the

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U.S. District Court for the Northern District of Texas to this Court, but does not engage with the

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applicable choice-of-law doctrine. Dkt. No. 56.

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As such, the parties are directed to submit simultaneous supplemental briefs, not to exceed

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five pages, focusing on the applicable choice-of-law rules and which state’s law governs this case.

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Prior to submitting their briefs, the parties must meet and confer on this issue. If the parties can

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reach an agreement, they may file a joint statement stipulating to the applicable governing law in

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lieu of supplemental briefing.

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The briefs or joint statement must be submitted by October 31, 2017. No responsive

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filings will be permitted. The October 26, 2017 hearing on the motion to dismiss is VACATED,

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and unless otherwise ordered the motion will be taken under submission once the supplemental

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filings are submitted.

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IT IS SO ORDERED.
Dated: 10/17/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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