UBI TELECOM INC. v. KDDI AMERICA, INC. et al

Filing 70

ORDER granting in part and denying in part 46 Motion to Dismiss for Lack of Jurisdiction ; granting in part and denying in part 47 Motion to Dismiss. Signed by Judge Katharine S. Hayden on 6/30/14. (rg, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UBI TELECOM INC.,
Civil Action No. 13-1643 (KSH) (CLW)

Plaintiff,
v.
KDDI AMERICA, INC. and KDDI
CORPORATION,

ORDER

Defendants.

KDDI AMERICA, INC.,
Plaintiff,
v.
UBI TELECOM, INC.,
Defendant.

Upon consideration of the motion [D.E. 47] of defendant KDDI America, Inc. to dismiss in
part the complaint filed by plaintiff UBI Telecom Inc., and the motion [D.E. 46] by defendant
KDDI Corporation to dismiss UBI’s complaint as to it; and for the reasons expressed in the
Court’s opinion filed herewith,
IT IS, on this 30th day of June, 2014,
ORDERED that KDDI America’s partial motion to dismiss is GRANTED IN PART
insofar as counts four and five are dismissed, and DENIED IN PART insofar as it seeks
dismissal of counts six and seven; and it is further

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ORDERED that KDDI Corporation’s motion to dismiss is GRANTED IN PART insofar
as the aiding and abetting claims in counts eight and nine are dismissed, and DENIED IN PART
as discovery may go forward on UBI’s assertion that this Court has personal jurisdiction over
KDDI Corp.

/s/ Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.

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