Filing 52

MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Ballard, Daniel)

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NERDS ON CALL, INC. v. INTERNET BILLING SERVICES, INC. et al Doc. 52 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION NERDS ON CALL, INC. (INDIANA), Plaintiff, vs. NERDS ON CALL, INC. (CALIFORNIA) and RYAN ELDRIDGE, Defendants. MOTION FOR RECONSIDERATION OR CERTIFICATION FOR INTERLOCUTORY APPEAL Defendants Nerds on Call, Inc., and Ryan Eldridge (collectively "Nerds/California") respectfully request that the Court reconsider its ruling denying Nerds/California's motion to dismiss. Should the Court choose not to reconsider its ruling, or should it conclude the ruling was correct, Nerds/California requests that the Court certify its ruling for interlocutory appeal. The inherent power of courts, the common law, and Rule 54(b) of the Federal Rules of Civil Procedure all permit courts to review and revise their interlocutory orders prior to the entry of final judgment. Nerds/California humbly contends that the Court has fundamentally misunderstood and misapplied the controlling law regarding Calder "effects test" specific jurisdiction. Respectfully submitted, DATED: June 24, 2007 BULLIVANT HOUSER BAILEY PC By: /s/ DANIEL N. BALLARD Daniel N. Ballard Attorneys for Nerds On Call, Inc. and Ryan Eldridge Case No.: 1:07-cv-0535-DFH-TAB Daniel N. Ballard, (CA Bar #219223) (Pro hac vice) BULLIVANT HOUSER BAILEY PC 1415 L Street, Suite 1000 Sacramento, California 95814 Telephone: 916.930.2500 Facsimile: 916.930.2501 1

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