KW-2 LLC v. ASUS Computer International Inc et al

Filing 47

ORDER granting 33 Defendants Asus Computer International and AsusTek Computer, Inc.'s Motion To Stay Pending Resolution of Their Rule 12(b)(1) Motion.The order of reference 34 is withdrawn. This action is stayed, except as to Defendants Asus Computer International and AsusTek Computer, Inc.'s Motion To Dismiss for Lack of Standing 32 , and the court's Order Concerning Appointment of Special Master 43 . By Judge Robert E. Blackburn on 8/18/2015.(mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-01023-REB-KMT (Consolidated with Civil Action Nos.
15-cv-01024-REB-KMT and 15-cv-01025-REB-KMT)
KW-2, LLC,
Plaintiff,
v.
ASUS COMPUTER INTERNATIONAL, et al.
Defendants.

ORDER GRANTING MOTION TO STAY
Blackburn, J.
The matter before me is Defendants Asus Computer International and
AsusTek Computer, Inc.’s Motion To Stay Pending Resolution of Their Rule
12(b)(1) Motion [#33],1 filed August 11, 2015. Having the approval of the magistrate
judge, I withdraw the prior order of reference of this motion ([#34], filed August 12,
2015), grant the motion, and stay further all discovery in this matter.2 The stay shall not
apply to completion of briefing on Defendants Asus Computer International and
AsusTek Computer, Inc.’s Motion To Dismiss for Lack of Standing [#32], filed
August 11, 2015, or that required by the court’s Order Concerning Appointment of

1

“[#33]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.
2

I thus reject plaintiff’s proposal for a modified discovery plan prior to resolution of the motion to
dismiss for lack of standing. (See [Proposed] Consolidated Scheduling Order in a Patent Case at
¶9(e) 19-20 [#44], filed August 17, 2015.)

Special Master [#43], filed August 17, 2015.
THEREFORE, IT IS ORDERED as follows:
1. That the order of reference ([#34], filed August 12, 2015) is withdrawn;
2. That Defendants Asus Computer International and AsusTek Computer,
Inc.’s Motion To Stay Pending Resolution of Their Rule 12(b)(1) Motion [#33], filed
August 11, 2015, is granted; and
3. That this action is stayed, except as to the briefing on Defendants Asus
Computer International and AsusTek Computer, Inc.’s Motion To Dismiss for Lack
of Standing [#32], filed August 11, 2015, and the court’s Order Concerning
Appointment of Special Master [#43], filed August 17, 2015.
Dated August 18, 2015, at Denver, Colorado.
BY THE COURT:

2