J&J Sports Productions, Inc-v-Aimie Nguyen

Filing 33

ORDER To Submit Briefing and Materials Pertinent to Summary Judgment. Signed by Judge Lucy H. Koh on March 15, 2013. (lhklc2, COURT STAFF) (Filed on 3/15/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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J&J SPORTS PRODUCTIONS, INC.,
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Plaintiff,
v.

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AIMIE NGUYEN, ET AL.
Defendants.

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Case No.: 12-CV-2259-LHK

ORDER TO SUBMIT BRIEFING AND
MATERIALS PERTINENT TO
SUMMARY JUDGMENT

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In briefing related to Defendant’s Motion to Dismiss, and at hearing on March 14, 2013, the

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parties have presented relevant matters outside the pleadings. Inter alia, Plaintiff read into the

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record a “Legal Contract of Ownership Change” between Defendant Aimie Nguyen and Ivan Lee,

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which directly undermines the plausibility of the allegations of the Complaint. Because the Court

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will consider and not exclude this evidence, the Defendant’s Motion must be treated as a Motion

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for Summary Judgment under Rule 56. Fed. R. Civ. Pro. 12(d).
Plaintiff is hereby ORDERED to submit to the Court a copy of the Legal Contract of

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Ownership Change. The Court gives leave to Defendant to submit supplemental briefing, any

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request for further hearing, and any additional material pertinent to this motion by March 29, 2013.

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Plaintiff is given leave to reply with briefing, a hearing request, and pertinent material by April 12,

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2013.
IT IS SO ORDERED.
Case No.: 12-CV-2259-LHK
ORDER TO SUBMIT BRIEFING AND MATERIALS PERTINENT TO SUMMARY
JUDGMENT

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Dated: March 15, 2013

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 12-CV-2259-LHK
ORDER TO SUBMIT BRIEFING AND MATERIALS PERTINENT TO SUMMARY
JUDGMENT