STC.UNM v. Intel Corporation

Filing 230

RESPONSE in Opposition re 228 Cross MOTION to Dismiss STC's Remaining Claims for Lack of Standing filed by STC. UNM. (Vogt, Keith)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
STC.UNM,
Plaintiff,
v.
INTEL CORPORATION,

Civil No. 10-CV-01077-RB-WDS

Defendant.
STC.UNM'S RESPONSE TO INTEL’S CROSS-MOTION TO DISMISS STC’S
REMAINING CLAIMS FOR LACK OF STANDING
For the reasons set forth in STC.UNM’s Rule 19 Motion To Correct Standing and
Request For Reconsideration (Doc. 218) and STC.UNM’s Reply In Support Of Its Motion To
Correct Standing And Request For Reconsideration, which will be filed on July 27, 2012, STC
opposes Intel’s motion. As established in the above, Rule 19(a) permits a correction of the
standing issue by adding Sandia Corporation as an involuntary plaintiff. Moreover, even if Rule
19(a) is unavailable, the equitable considerations of Rule 19(b) permit the action to proceed
without Sandia.

Dated: July 24, 2012

Respectfully submitted,
/s/ Keith A. Vogt
Keith A. Vogt
Rolf O. Stadheim
Joseph A. Grear
George C. Summerfield
Steven R. Pedersen
STADHEIM & GREAR, LTD.
400 N. Michigan Avenue, Suite 2200
Chicago, Illinois 60611
[phone]

Deron B. Knoner
KELEHER & MCLEOD, P.A.
201 Third Street NW, 12th Floor
PO Box AA
Albuquerque, New Mexico 87103
[phone]

Raúl A. Carrillo Jr.

CARILLO LAW FIRM, P.C.
937 East Lohman
Las Cruces, New Mexico 88001
[phone]

Attorneys for Plaintiff STC.UNM

CERTIFICATE OF SERVICE
I hereby certify that on July 24, 2012, I caused the foregoing to be electronically filed
with the Clerk of the Court using the CM/ECF system which will send notification of such filing
via electronic mail to all counsel of record.
/s/ Keith A. Vogt

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