Siano Mobile Silicon, Inc v. Mavcom, Inc et al

Filing 76

ORDER Denying 66 Administrative Motion to Bifurcate. Signed by Judge Koh on 2/28/2011. (lhklc3, COURT STAFF) (Filed on 2/28/2011)

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Siano Mobile Silicon, Inc v. Mavcom, Inc et al Doc. 76 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 SIANO MOBILE SILICON, INC., Plaintiff, v. MAVCOM, INC., ET AL., Defendants. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) Case No.: 10-CV-04783-LHK ORDER DENYING ADMINISTRATIVE MOTION TO BIFURCATE (re: dkt. #66) On February 23, 2011, Defendants filed an "Administrative Motion to Bifurcate and Prioritize Forum Non Conveniens and Subject Matter Jurisdiction Arguments and Stay Briefing and Discovery Issues Relating to Personal Jurisdiction and Service." See Dkt. #66. This motion is DENIED. Plaintiff's request for discovery in connection with personal jurisdiction and forum non conveniens is pending before the Honorable Paul S. Grewal, the referral Magistrate Judge in this action. Thus, the propriety of any stay of discovery will be decided by Judge Grewal. In the event Judge Grewal denies Plaintiff's request for expedited discovery, the briefing schedule on Defendants' Motion to Dismiss [dkt. #56] shall remain as set, with Plaintiff's Opposition due by March 16, 2011, Defendants' Reply due by March 25, 2011, and the hearing set for April 28, 2011. In the event Judge Grewal grants Plaintiff's request for expedited discovery, the undersigned will consider appropriate modifications to the briefing schedule and hearing date, in 1 Case No.: 10-CV-04783-LHK ORDER DENYING ADMINISTRATIVE MOTION TO BIFURCATE Dockets.Justia.com 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 to ensure a fair and efficient resolution of the pending Motion to Dismiss. In the event Plaintiff's request is granted, the parties should file a proposed revised schedule, preferably by joint stipulation, no later than three (3) days after Judge Grewal's ruling. IT IS SO ORDERED. Dated: February 28, 2011 _________________________________ LUCY H. KOH United States District Judge 2 Case No.: 10-CV-04783-LHK ORDER DENYING ADMINISTRATIVE MOTION TO BIFURCATE

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