ENV Tech v. Suchard

Filing 34

ORDER. IT IS ORDERED that the parties shall have until December 5, 2011, in which to engage in limited discovery directed toward: (See order for specifics). D's 15 motion to dismiss is therefore DENIED w/out prejudice, to renew within fifteen days of the close of discovery as set forth above. Signed by Judge Howard D. McKibben on 10/5/2011. (Copies have been distributed pursuant to the NEF - PM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ENVTECH, INC.,

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Plaintiff,
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vs.
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TALMOR SUCHARD,
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Defendants.
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_________________________________ )

3:11-cv-00523-HDM-WGC
ORDER

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Before the court is the defendant’s motion to dismiss for lack
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of personal jurisdiction or in the alternative motion to transfer
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venue (#15).

Plaintiff has opposed (#30), and defendant has

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replied (#32).

Plaintiff asserts that this court has personal

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jurisdiction over defendant based primarily on the forum selection
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clauses contained in the parties’ employment agreements, and to the
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extent the forum selection clauses do not confer jurisdiction,
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through specific personal jurisdiction.
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The court may order jurisdictional discovery “where pertinent
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facts bearing on the question of jurisdiction are controverted or
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where a more satisfactory showing of the facts is necessary.”
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Boschetto v. Hansing, 539 F.3d 1011, 1020 (9th Cir. 2008); Doe v.
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Unocal Corp., 248 F.3d 915, 922 (9th Cir. 2001).

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the pleadings and evidence attached thereto, the court finds that

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there are several pertinent controverted facts bearing on the

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question of jurisdiction.

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until December 5, 2011, in which to engage in limited discovery

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directed toward (1) the validity of the forum selection clauses,

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and (2) the facts supporting plaintiff’s claim of specific personal

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jurisdiction.

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denied without prejudice, to renew within fifteen days of the close

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Upon review of

Accordingly, the parties shall have

The defendant’s motion to dismiss (#15) is therefore

of discovery as set forth above.

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IT IS SO ORDERED.

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DATED: This 5th day of October, 2011.

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____________________________
UNITED STATES DISTRICT JUDGE

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