RSI Corporation v. International Business Machines Corporation et al

Filing 49

ORDER by Judge Whyte granting 33 Motion to Dismiss (rmwlc2, COURT STAFF) (Filed on 10/9/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS OR STRIKE--No. 5:08-cv-3414 RMW (RS) ANK

E-FILED on

10/09/08

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

RSI CORP., dba RESPONSIVE SYSTEMS COMPANY, a New Jersey corporation, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION; and DOE DEFENDANTS 1-20, Defendants.

No. 5:08-cv-3414 RMW (RS)

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, STRIKE [Re Docket No. 33]

For the reasons stated at the hearing, defendant's motion to dismiss is granted with leave to amend by October 31, 2008.

DATED:

10/08/08

RONALD M. WHYTE United States District Judge

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Notice of this document has been electronically sent to: Counsel for Plaintiff: Robert D. Triantos Forrest Booth Counsel for Defendants: Shon Morgan Scott Watson Valerie Roddy [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

10/09/08

/s/ JAS Chambers of Judge Whyte

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS OR STRIKE--No. 5:08-cv-3414 RMW (RS) ANK 2