Global Education Services Inc v. Intuit Inc

Filing 44

ORDER VACATING ORDER TO SHOW CAUSE (Dkt. # 37 ) and DENYING re 35 41 Requests for supplemental briefing filed, by Judge Robert S. Lasnik. (MD)

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ORDER

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE _______________________________________ ) GLOBAL EDUCATION SERVICES, ) INC., ) Plaintiff, ) v. ) ) INTUIT, INC., ) Defendant. ) ) _______________________________________)

No. C09-944RSL ORDER VACATING ORDER TO SHOW CAUSE AND DENYING REQUESTS FOR SUPPLEMENTAL BRIEFING

This matter comes before the Court on the defendant's requests for supplemental briefing (Dkt. ## 35, 41) and the Court's Order to Show Cause (Dkt. # 37). Defendant wishes to submit supplemental briefing on questions of preemption and statutory construction. These matters have been exhaustively briefed already and the Court needs no additional briefing. The parties may make their arguments before the Court when it hears defendant's motion to dismiss. As there was a pending Ninth Circuit appeal that might have resolved the preemption issue in this case, the Court issued an order to show cause (Dkt. # 37) why defendant's motion to dismiss should not be stayed pending the resolution of that appeal. The Ninth Circuit soon after issued its opinion in Williams v. MCIMetro Access Transmission Servs. Inc., 2010 WL 331475 (9th Cir. Jan. 28, 2010), but did not address the preemption issues. Accordingly, the Court now VACATES the order to show cause (Dkt. # 37).

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ORDER

DATED this 19th day of May, 2010.

A

Robert S. Lasnik United States District Judge

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