Datatreasury Corporation v. Wells Fargo & Company et al

Filing 599

ORDER dismissing #83 Motion to Dismiss, dismissing #84 Motion to Dismiss for Lack of Jurisdiction, dismissing #85 Motion to Dismiss for Lack of Jurisdiction. The Court hereby DISMISSED WITHOUT PREJUDICE TO REFILING THE three pending motions to dismiss. Following the conclusion of the new round of jurisdictional discovery, Defendants shall have 30 days in which they may refile their motions or otherwise file an answer. Until such date, the deadline to answer shall remain tolled as to these three Defendants. Any necessary responsive and reply briefing shall proceed under the local rules. It is so ORDERED. Signed by Judge David Folsom on 3/22/07. (mpv, )

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 599

Case 2:06-cv-00072-DF-CMC

Document 599

Filed 03/22/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATA TREASURY CORP. § § § Plaintiff, § § CIVIL ACTION NO. 2:06-CV-72 (DF) v. § WELLS FARGO and COMPANY, et al., § § § Defendants. § ORDER Currently before the Court is Defendant UnionBanCal's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) (Doc. No. 83); Defendant First Citizen Bancshare, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction (Doc. No. 84); and Defendant HSBC North America Holding, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction (Doc. No. 85). Following the filing of these motions, Plaintiff Datatreasury filed a motion to authorize jurisdictional discovery against each of these three Defendants. See Doc. Nos. 213, 214, 215. On December 8, 2006, Magistrate Judge Carolyn Craven granted Plaintiff's motions. See Doc. No. 394. Judge Craven's order also ordered "that Plaintiff may file an amended response to each Defendant's motion to dismiss . . . if warranted." See id. at 1-2. Plaintiff did file an amended response to each of the motions to dismiss, but also filed additional motions to compel certain discovery from the Defendants. See Doc. Nos. 522, 523, 524. On March 15, 2007, Judge Craven granted the motions to compel in part. See Doc. No. 597. In order to streamline and narrow the various issues surrounding the Defendants' motions, the Court

Dockets.Justia.com

Case 2:06-cv-00072-DF-CMC

Document 599

Filed 03/22/2007

Page 2 of 2

hereby DISMISSES WITHOUT PREJUDICE TO REFILING the three pending motions to

. dismiss. Following the conclusion of the new round of jurisdictional discovery, Defendants shall
have thirty (30) days in which they may refile their motions or otherwise file an answer. Until such date, the deadline to answer shall remain tolled as to these three Defendants. Any necessary responsive and reply briefing shall proceed under the local rules. It is so ORDERED.

SIGNED this 22nd day of March, 2007.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE

2