Simpson Performance Products, Inc. v. NecksGen Inc.

Filing 29

ORDER Denying Defendant's 16 Motion to Dismiss without Prejudice. Signed by Judge Roger T. Benitez on 9/7/2017. (All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SIMPSON PERFORMANCE
PRODUCTS, INC.,

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ORDER DENYING DEFENDANT’S
MOTION TO DISMISS WITHOUT
PREJUDICE

Plaintiff,

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Case No.: 3:17-cv-01704-BEN-MDD

v.
NECKSGEN INC.,
Defendant.

On August 24, 2016, Plaintiff Simpson Performance Products, Inc. (“Simpson”)

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filed its initial Complaint in the Western District of North Carolina. (Docket No. 1.) In

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response, Defendant NecksGen, Inc. (“NecksGen”) filed a motion to dismiss. Within 21

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days of the filing of Defendant’s motion to dismiss, Simpson filed an Amended

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Complaint (“AC”). (Docket No. 12.) Thereafter, NecksGen sought leave to file a motion

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to dismiss Plaintiff’s AC, which was granted by Magistrate Judge David Keesler.

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(Docket Nos. 14-15.) Magistrate Judge Keesler also recommended that Judge Richard

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Voorhees deny Defendant’s motion to dismiss the initial complaint as moot. (Docket No.

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15.) On January 25, 2017, NecksGen filed its second motion to dismiss the AC, to which

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Plaintiff filed its opposition, and NecksGen filed a reply. (Docket Nos. 16-18.)

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On June 6, 2017, while both motions to dismiss were pending, NecksGen filed a
third motion to dismiss for improper venue in light of the May 22, 2017 Supreme Court
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3:17-cv-01704-BEN-MDD

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opinion in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514 (2017).

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On August 23, 2017, Judge Voorhees denied NecksGen’s first motion to dismiss as moot,

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granted NecksGen’s third motion to dismiss for improper venue, and transferred the

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action to this District. (Docket Nos. 25-6.)

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The case was initially assigned to Judge William Q. Hayes. (Docket Nos. 27.) On

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August 29, 2017, Judge Hayes declined assignment pursuant to General Order 598, and

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the case was reassigned to this Court. (Docket No. 28.) Now pending before this Court

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is NecksGen’s second motion to dismiss the AC. (Docket No. 16.) A review of the

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parties’ briefings indicates the interests of justice and judicial economy would benefit

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from a re-briefing of the issues according to the appropriate authorities in light of the

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transfer of this case between districts.

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Therefore, NecksGen’s motion to dismiss the AC is DENIED without prejudice.

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NecksGen shall file its answer or otherwise respond to Plaintiff’s AC on or before

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September 22, 2017. If NecksGen elects to file a motion to dismiss, Simpson shall file

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its opposition on or before October 6, 2017, NecksGen’s reply shall be due on or

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before October 13, 2017, and the Clerk of the Court shall schedule a hearing on this

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motion for October 23, 2017 at 10:30 a.m. The parties are further ordered to comply

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with the Civil Local Rules for the Southern District of California.

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IT IS SO ORDERED.

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Dated: September 7, 2017

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3:17-cv-01704-BEN-MDD