Google Inc. et al v. Egger et al

Filing 124

NOTICE OF MANUAL FILING of Opposition to 42 MOTION to Dismiss , Transfer, or Stay - filed by Google Inc.. (Attachments: # 1 Proposed Order Denying Defendants' Mtn to Dismiss)(Walsh, Thomas) (Filed on 7/24/2009) Modified text on 8/3/2009 (dhm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. CV08-03172-RMW [PROPOSED] ORDER DENYING DEFENDANTS' MOTION TO DISMISS, TRANSFER, OR STAY UNDER THE FIRST-TO-FILE RULE, UNDER RULE 12(B)(2) FOR LACK OF PERSONAL JURISDICTION, AND UNDER RULE 12(B)(1) FOR LACK OF SUBJECT MATTER JURISDICTION Hearing Date: August 21, 2009 Hearing Time: 9:00 am Courtroom: 6 (4th Floor) Judge: Hon. Ronald M. Whyte

GOOGLE INC., AOL LLC, YAHOO! INC., 13 IAC SEARCH & MEDIA, INC., and LYCOS, INC. 14 Plaintiffs, 15 v. 16 L. DANIEL EGGER, 17 SOFTWARE RIGHTS ARCHIVE, LLC, and SITE TECHNOLOGIES, INC. 18 Defendants 19 20 . 21 22 23 24 25 26 27 28

PROPOSED ORDER DENYING MOTION TO DISMISS, TRANSFER OR STAY

Case No. C-08-03172-RMW

1

Pending before the Court is Defendants L. Daniel Egger, Software Rights Archive, LLC,

2 and Site Technologies, Inc.'s Motion to Dismiss, Transfer, or Stay under the First-to-File Rule, 3 under Rule 12(b)(2) for Lack of Personal Jurisdiction, and under Rule 12(b)(1) for Lack of Subject 4 Matter Jurisdiction ("Motion to Dimiss, Transfer, or Stay"). 5 Having considered the motion, the response in opposition thereto, any reply thereto, the

6 evidence of record, and arguments of counsel, the Court hereby DENIES the Motion to Dismiss, 7 Transfer, or Stay. 8 9 10 Dated: ________, 2009 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
PROPOSED ORDER DENYING MOTION TO DISMISS, TRANSFER OR STAY

IT IS SO ORDERED.

__________________________________________ Hon. Ronald Whyte UNITED STATES DISTRICT JUDGE

Case No. C-08-03172-RMW