Kremen v. American Registry For Internet Numbers Ltd.

Filing 16

Attachment 2
MOTION to Dismiss Notice of Motion and Motion of American Registry of Internet Numbers, Ltd. to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6), or, Alternatively, For a Stay; Memorandum of Points and Authorities filed by American Registry For Internet Numbers Ltd.. Motion Hearing set for 9/11/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Exhibit A# 2 Proposed Order)(Wanger, Christopher) (Filed on 6/27/2006)

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Kremen v. American Registry For Internet Numbers Ltd. Doc. 16 Att. 2 Case 5:06-cv-02554-JW Document 16-3 Filed 06/27/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MANATT, PHELPS & PHILLIPS, LLP A T T O R N E Y S A T LAW PALO A L T O UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GARY KREMEN, an individual, Plaintiff, vs. AMERICAN REGISTRY FOR INTERNET NUMBERS, LTD., a Virginia corporation, Defendant. USDC Case No. C 06-2554 JW [Related to Case No. C 98-20718 JW] (Assigned to the Honorable James Ware) [PROPOSED] ORDER GRANTING DEFENDANT AMERICAN REGISTRY OF INTERNET NUMBERS, LTD.'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO RULE 12(B)(6) AND\OR [ALTERNATIVE] STAY ORDER Hearing Date: September 11, 2006 Time: 9:00 a.m. Courtroom: 8 Action Filed: April 12, 2006 Trial Date: NONE SET On September 11, 2006, at 9:00 am, the Motion of Defendant AMERICAN REGISTRY FOR INTERNET NUMBERS, LTD. ("ARIN") to dismiss with prejudice any and all claims of Plaintiff GARY KREMEN ("Plaintiff" or "Kremen") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure ("FRCP") came on regularly for hearing before this Court in Courtroom 41009231.1 1 [PROPOSED] ORDER GRANTING MOTION TO DISMISS USDC CASE NO C 06 2554 MMC Dockets.Justia.com Case 5:06-cv-02554-JW Document 16-3 Filed 06/27/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MANATT, PHELPS & PHILLIPS, LLP A T T O R N E Y S A T LAW PALO A L T O 8, before the Honorable James Ware, Judge Presiding. Having considered the moving, supporting and opposing papers, the records on file herein, and the arguments of counsel, this Court hereby finds that: 1. each claim asserted in the Complaint is barred by applicable statutes of limitations; 2. the Complaint fails to state facts that can support any federal or state antitrust claims under either Section 1 or 2 of the Sherman Act or California's Cartwright Act; and 3. the Complaint fails to state any state law claims for conversion, breach of fiduciary duty, or unfair competition under California's UCL (B&P Code Section 17200) upon which relief can be granted. Accordingly, it is HEREBY ORDERED that each and every claim set forth in Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE. [ALTERNATIVE] STAY ORDER [Alternatively,] this Court HEREBY ORDERS that the present action is hereby STAYED pending final disposition of ARIN's motion to modify or clarify the September 17, 2001, Order issued by Judge James Ware (an order upon which this lawsuit is fundamentally based) in the related action entitled Kremen v. Cohen, et al., USDC Case No. C 98-20718 (JW). IT IS SO ORDERED: Dated:________________ __________________________ The Honorable James Ware United States District Judge 41009231.1 2 [PROPOSED] ORDER GRANTING MOTION TO DISMISS USDC CASE NO C 06 2554 MMC

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