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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
United States District Court
For the Northern District of California
SAN JOSE DIVISION
11
J&J SPORTS PRODUCTIONS, INC.,
12
Plaintiff,
v.
13
14
AIMIE NGUYEN, ET AL.
Defendants.
15
16
)
)
)
)
)
)
)
)
)
)
)
Case No.: 12-CV-2259-LHK
ORDER TO SUBMIT BRIEFING AND
MATERIALS PERTINENT TO
SUMMARY JUDGMENT
17
In briefing related to Defendant’s Motion to Dismiss, and at hearing on March 14, 2013, the
18
19
parties have presented relevant matters outside the pleadings. Inter alia, Plaintiff read into the
20
record a “Legal Contract of Ownership Change” between Defendant Aimie Nguyen and Ivan Lee,
21
which directly undermines the plausibility of the allegations of the Complaint. Because the Court
22
will consider and not exclude this evidence, the Defendant’s Motion must be treated as a Motion
23
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
24
25
Ownership Change. The Court gives leave to Defendant to submit supplemental briefing, any
26
request for further hearing, and any additional material pertinent to this motion by March 29, 2013.
27
Plaintiff is given leave to reply with briefing, a hearing request, and pertinent material by April 12,
28
2013.
IT IS SO ORDERED.
Case No.: 12-CV-2259-LHK
ORDER TO SUBMIT BRIEFING AND MATERIALS PERTINENT TO SUMMARY
JUDGMENT
1
2
3
4
Dated: March 15, 2013
_________________________________
LUCY H. KOH
United States District Judge
5
6
7
8
9
United States District Court
For the Northern District of California
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No.: 12-CV-2259-LHK
ORDER TO SUBMIT BRIEFING AND MATERIALS PERTINENT TO SUMMARY
JUDGMENT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?