West View Research, LLC v. BMW of North America, LLC et al

Filing 52

ORDER Requesting Supplemental Briefing re 38 Motion to Dismiss. The Court finds that supplemental briefing is necessary to adjudicate the Motion to Dismiss. Plaintiff shall file a supplemental briefing on or before 10/20/2017. Defendant shall file its responsive brief on or before 11/3/2017. Signed by Judge Janis L. Sammartino on 10/4/2017.(mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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WEST VIEW RESEARCH, LLC, a
California corporation,

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ORDER REQUESTING
SUPPLEMENTAL BRIEFING

Plaintiff,

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Case No.: 16-CV-2590 JLS (AGS)

v.
(ECF No. 38)

BMW OF NORTH AMERICA, LLC, a
Delaware corporation; and BMW
MANUFACTURING CO., LLC, a
Delaware corporation,
Defendants.

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Presently before the Court is Defendants BMW of North America, LLC’s and BMW

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Manufacturing Co., LLC’s (collectively, “BMW Defendants”) Motion to Dismiss Pursuant

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to Fed. R. Civ. P. 12(b)(3). (ECF No. 38.) Also before the Court are Plaintiff’s Response

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in Opposition to, (“Opp’n,” ECF No. 45), and BMW Defendants’ Reply in Support of,

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(“Reply,” ECF No. 46), the Motion to Dismiss. Recently, the Federal Circuit issued its

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opinion in In re Cray, Inc., —F.3d—, 2017 WL 4201535 (Fed. Cir. Sept. 21, 2017). Cray

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directly addressed the issue of what constitutes “a regular and establish place of business”

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under 28 U.S.C. § 1400(b). Accordingly, the Court finds that supplemental briefing is

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necessary to adjudicate the Motion to Dismiss. The supplemental briefing shall address the
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16-CV-2590 JLS (AGS)

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issue of whether and to what extent In re Cray affects the Motion presently before the

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Court. Accordingly, Plaintiff SHALL FILE a supplemental briefing on or before October

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20, 2017. Defendant SHALL FILE its responsive brief on or before November 3, 2017.

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IT IS SO ORDERED.
Dated: October 4, 2017

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16-CV-2590 JLS (AGS)