NERDS ON CALL, INC. v. INTERNET BILLING SERVICES, INC. et al

Filing 67

MOTION to convert pending Motion to Dismiss into a Motion for Summary Judgment, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Ballard, Daniel)

NERDS ON CALL, INC. v. INTERNET BILLING SERVICES, INC. et al

Doc. 67

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION NERDS ON CALL, INC. (INDIANA), Case No.: 1:07-cv-0535-DFH-TAB Plaintiff, vs. NERDS ON CALL, INC. (CALIFORNIA) and RYAN ELDRIDGE, Defendants. MOTION TO CONVERT THE PENDING MOTION TO DISMISS INTO A MOTION FOR SUMMARY JUDGMENT Defendants Nerds on Call, Inc., and Ryan Eldridge (collectively "Nerds/California") respectfully request that the Court convert their currently pending Motion to Dismiss for lack of personal jurisdiction into a Motion for Summary Judgment on that issue. Subsequent to the Parties filing their briefs on the personal jurisdiction issue, they completed filing their pleadings, engaged in some discovery, and stipulated to numerous Undisputed Facts. Whether this Court may properly assert jurisdiction over Nerds/California is a fundamental due process question. Applying the Undisputed Facts to the matter allows the Court to resolve early in the case whether it has personal jurisdiction over Nerds/California. Respectfully submitted, DATED: December 19, 2008 SEQUOIA COUNSEL PC By: /s/ DANIEL N. BALLARD Daniel N. Ballard Attorney for Nerds On Call, Inc. and Ryan Eldridge Sequoia Counsel PC 770 L St., Suite 950 Sacramento, CA 95814 Telephone: [phone] Facsimile: 916.200.0601 e-mail: [e-mail]

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