Farhang v. Indian institute of Technology Kharagpur et al

Filing 70

STIPULATION AND ORDER 69 Re: Sequencing Defendant IITs Motions to Dismiss Frist Amended Complaint. Signed by Judge Ronald M. Whyte on 8/25/09. (jg, COURT STAFF) (Filed on 8/25/2009)

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I. NEEL CHATTERJEE (State Bar No. 173985) [e-mail] THERESA A. SUTTON (State Bar No. 211857) [e-mail] NITIN GAMBHIR (State Bar No. 259906) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendant INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR

*E-FILED - 8/25/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MANDANA D. FARHANG, Plaintiff, v. INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR; TECHNOLOGY ENTREPRENEURSHIP AND TRAINING SOCIETY; PARTHA P. CHAKRABARTI; PALLAB DASGUPTA; PRAVANJAN CHOUDHRY; SUBRAT PANDA; ANIMESH NASKAR; and DOES 1-100, Defendants.

Case No. C-08-02658-RMW (HRL) STIPULATION AND [] ORDER RE SEQUENCING DEFENDANT IITS MOTIONS TO DISMISS FIRST AMENDED COMPLAINT

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STIPULATION AND [] ORDER SEQUENCING IIT'S MOTIONS TO DISMISS FIRST AMENDED COMPLAINT C-08-02658-RMW (HRL)

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Defendant Indian Institute of Technology, Kharagpur through its undersigned counsel, and Plaintiff pro se Mandana D. Farhang hereby submit this Stipulation and [Proposed] Order asking the Court to sequence IIT's pending Motions to Dismiss, such that its Motion to Dismiss for Lack of Jurisdiction shall be heard first and, if necessary, its Motion to Dismiss pursuant to Rule 12(b)(6) heard at later time. WHEREAS, Farhang filed a First Amended Complaint on July 7, 2009. WHEREAS, Defendant IIT filed two motions to dismiss the First Amended Complaint. The first Motion is based on the Court's lack of personal and subject matter jurisdiction, as well as the doctrine of forum non conveniens. IIT's second motion to dismiss is based on Rule 12(b)(6) of the Federal Rules of Civil Procedure. WHEREAS, Farhang sought IIT's consent to file a Second Amended Complaint. IIT contends a second amendment is likely futile and, in any event, should not be permitted unless the Court determines it may properly exercise personal jurisdiction over IIT, that it has subject matter jurisdiction over Farhang's claims, and the Northern District is the proper forum to consider Farhang's claims. WHEREAS, this Stipulation shall in no way constitute consent by IIT to this Court's jurisdiction, nor waiver of IIT's assertion of sovereign immunity. THEREFORE, the parties stipulate as follows: 1. IIT's Motion to Dismiss for Lack of Jurisdiction and Forum Non Conveniens shall be resolved before Farhang is required to respond to IIT's Motion to Dismiss or otherwise seek leave of the Court to file a Second Amended Complaint. 2. The pending motion to dismiss for failure to state a claim is STAYED pending resolution of the Motion to Dismiss for Lack of Jurisdiction and Forum Non Conveniens. 3. Should IIT's Motion to Dismiss for Lack of Jurisdiction and Forum Non Conveniens be denied, IIT may re-notice its motion to dismiss for failure to state a claim. 4. This order and attached stipulation shall not be considered consent by IIT to this Court's jurisdiction, nor waiver of IIT's assertion of sovereign immunity. 5. IIT may rely upon allegations in the Complaint and First Amended Complaint in
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STIPULATION AND [] ORDER SEQUENCING IIT'S MOTIONS TO DISMISS FIRST AMENDED COMPLAINT C-08-02658-RMW (HRL)

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furtherance of its challenges set forth in the Motion to Dismiss for Lack of Jurisdiction and Forum Non Conveniens.

Dated: August 20, 2009

ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ I. Neel Chatterjee /s/ I. NEEL CHATTERJEE Attorneys for Defendants INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR

Dated: August 20, 2009

/s/ Mandana D. Farhang /s/ MANDANA D. FARHANG Plaintiff, appearing pro se

Filer's Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of perjury that concurrence in the filing of the document has been obtained from its signatory. Dated: August 20, 2009 Respectfully submitted, /s/ I. Neel Chatterjee /s/ I. Neel Chatterjee

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STIPULATION AND [ ORDER SEQUENCING IIT'S MOTIONS TO DISMISS FIRST AMENDED COMPLAINT C-08-02658-RMW (HRL)

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ORDER

GOOD CAUSE HAVING BEEN SHOWN, 1. The hearing on IIT's Motion to Dismiss for Lack of Personal Jurisdiction, Lack of Subject Matter Jurisdiction and Pursuant to the Doctrine of Forum Non Conveniens shall remain on calendar for September 25, 2009. The Parties' Opposition and Reply papers are due on August 31, 2009, and September 11, 2009, respectively. 2. The pending motion to dismiss for failure to state a claim is STAYED pending resolution of the Motion to Dismiss for Lack of Jurisdiction and Forum Non Conveniens. IIT shall re-notice its Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) if the Court denies IIT's Motion to Dismiss for Lack of Jurisdiction. Notice shall be given pursuant to Civil Local Rule 72, and the Parties' Opposition and Reply papers shall be filed in accordance with Civil Local Rule 7-3. 3. This order and attached stipulation shall not be considered consent by IIT to this Court's jurisdiction, nor waiver of IIT's assertion of sovereign immunity. 4. IIT may rely upon allegations in the Complaint and First Amended Complaint in furtherance of its challenges set forth in the Motion to Dismiss for Lack of Jurisdiction and Forum Non Conveniens. IT IS SO ORDERED.

8/25/ __ Dated:________09 ____________

______________________________ Honorable Ronald M. Whyte United States District Judge Northern District of California

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STIPULATION AND ORDER SEQUENCING IIT'S MOTIONS TO DISMISS FIRST AMENDED COMPLAINT C-08-02658-RMW (HRL)

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CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on August 20, 2009. Dated: August 20, 2009 Respectfully submitted, /s/ I. Neel Chatterjee /s/ I. Neel Chatterjee

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STIPULATION AND [ ORDER SEQUENCING IIT'S MOTIONS TO DISMISS FIRST AMENDED COMPLAINT C-08-02658-RMW (HRL)