Stelmachers v. VeriFone Systems, Inc.

Filing 44

ORDER RE: MOTION TO DISMISS. 1.On or before 4:00 p.m. on 6/17/2016, the parties shall each file a supplemental brief addressing whether and, if so, how the Court's opinion in Spokeo applies to the factual allegations contained in Plaintiff� 39;s amended complaint. Each supplemental brief shall not exceed 5 pages in length. No responsive briefs will be permitted, and none should be filed. 2. The hearing on the motion to dismiss scheduled 6/9/2016 is VACATED and will be reset, if necessary, upon receipt of the supplemental briefs ordered herein. Signed by Judge Edward J. Davila on 6/3/2016. (ejdlc1S, COURT STAFF) (Filed on 6/3/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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PAUL M. STELMACHERS, individually
and on behalf of a class of similarly-situated
persons,

Case No. 5:14-cv-04912-EJD
ORDER RE: MOTION TO DISMISS

Plaintiff,

Re: Dkt. No. 36

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v.
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VERIFONE SYSTEMS, INC.,
Defendant.

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In Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the United States Supreme Court
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United States District Court
Northern District of California

recently clarified that a plaintiff must clearly allege facts in the complaint that satisfy each element
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of Article III standing, including facts establishing that the plaintiff suffered a “concrete” injury.

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Because the court believes that Spokeo may have some application to Plaintiff Paul M.
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Stelmachers’ (“Plaintiff”) amended complaint, the court orders as follows:
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1.

On or before 4:00 p.m. on June 17, 2016, the parties shall each file a supplemental

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brief addressing whether and, if so, how the Court’s opinion in Spokeo applies to the factual
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allegations contained in Plaintiff’s amended complaint. Each supplemental brief shall not exceed
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five pages in length. No responsive briefs will be permitted, and none should be filed.
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2.

The hearing on the motion to dismiss scheduled June 9, 2016, is VACATED and

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will be reset, if necessary, upon receipt of the supplemental briefs ordered herein.
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IT IS SO ORDERED.
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Dated: June 3, 2016
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______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:14-cv-04912-EJD
ORDER RE: MOTION TO DISMISS