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)

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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 (312) 755-4400 Deron B. Knoner KELEHER & MCLEOD, P.A. 201 Third Street NW, 12th Floor PO Box AA Albuquerque, New Mexico 87103 (505) 346-4646 Raúl A. Carrillo Jr. CARILLO LAW FIRM, P.C. 937 East Lohman Las Cruces, New Mexico 88001 (575) 647-3200 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 2

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