ORDER GRANTING MOTION TO DISMISS LUCY H. KOH, District Judge. Presently before the Court is Defendant American Mortgage Network's ("AmNet") motion to dismiss Plaintiffs' second amended complaint, ECF No. 116. After considering the parties' briefing and oral arguments, the Court GRANTS AmNet's motion for the reasons explained below. I. Factual Background A. Judicial Notice A court may take judicial notice of facts that are not subject to reasonable dispute and are either: (1) generally...
ORDER: GRANTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT OF NONINFRINGEMENT JANIS L. SAMMARTINO, District Judge. Presently before the Court is Defendant's motion for partial summary judgment of noninfringement. (ECF No. 153.) Plaintiff opposes the motion. Having considered the parties' arguments and the law, the Court GRANTS Defendant's motion for partial summary judgment. BACKGROUND I. Factual History Plaintiff SkinMedica, Inc. ("SkinMedica") brought this patent infringement...
ORDER RE. MOTIONS FOR SUMMARY JUDGMENT JAMES WARE, Chief Judge. I. INTRODUCTION Mformation Technologies, Inc. ("Plaintiff") brings this action against Defendants Research in Motion Limited and Research in Motion Corporation (collectively, "Defendants") alleging infringement of U.S. Patent No. 6,970,917 ("the '917 Patent"). The '917 Patent pertains to a method, system and computer program for remote control and management of wireless devices. Plaintiff alleges that Defendants infringe the '...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AND VACATING HEARING WILLIAM ALSUP, District Judge. INTRODUCTION In this environmental action brought under the Resource Conservation and Recovery Act and the Clean Water Act, defendant moves to dismiss pursuant to FRCP 12(b)(1) and FRCP 12(b)(6). For the following reasons, defendant's motion is GRANTED IN PART AND DENIED IN PART. The hearing is VACATED. STATEMENT Plaintiff's complaint alleges the following....
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT, MOTION TO AUGMENT THE RECORD, REQUESTS FOR JUDICIAL NOTICE, AND MOTION TO STRIKE WILLIAM ALSUP, District Judge. INTRODUCTION In this NEPA action, the parties bring cross-motions for summary judgment. Plaintiff moves to augment the record and makes three requests for judicial notice. Defendants move to strike plaintiff's opposition to defendants' motion for summary judgment and reply in support of plaintiff's motion for summary judgment. This order...
ORDER GRANTING IN PART AND DENYING IN PART WELLS FARGO'S MOTION TO DISMISS AND DENYING WELLS FARGO'S MOTION TO STRIKE SAMUEL CONTI, District Judge. I. INTRODUCTION Defendant Wells Fargo Bank, N.A. ("Wells Fargo") moves to dismiss and strike Plaintiff Nader Shaterian's ("Shaterian") Second Amended Complaint ("SAC"). ECF Nos. 60 ("MTD"); 61 ("MTS"). Wells Fargo's motions are fully briefed, though Wells Fargo has not filed a reply brief in support of its Motion to Strike. ECF Nos. 72 ("MTS...
ORDER DENYING MOTION TO DISMISS FOR LACK OF STANDING, GRANTING LEAVE TO AMEND MOOT CLAIM RICHARD SEEBORG, District Judge. I. INTRODUCTION In the wake of the Supreme Court's holding in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783 , 171 L.Ed.2d 637 (2008), that the Second Amendment confers an individual right to keep and bear arms, plaintiffs brought this challenge to certain ordinances of the City and County of San Francisco relating to storage and discharges of firearms,...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS JAMES WARE, Chief Judge. I. INTRODUCTION Plaintiffs 1 bring this action against Southwest Airlines Co. ("Southwest"), Guadalupe Acquisition Corp. and AirTran Holdings, Inc. ("AirTran") (collectively, "Defendants"), 2 alleging an unlawful merger in violation of Section 7 of the Clayton Antitrust Act, 15 U.S.C. 18. Plaintiffs allege that the "proposed merger" of Defendants Southwest and AirTran will substantially lessen competition or tend to...
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT PHYLLIS J. HAMILTON, District Judge. The parties' supplemental cross-motions for summary judgment came on for hearing on November 30, 2011 before this court. Plaintiffs, Jeffrey Herson and East Bay Outdoor, Inc. (collectively "plaintiffs") appeared through their counsel, Michael McConnell and Joshua Furman. Defendant City of Richmond ("the City" or "defendant") appeared through its counsel, Matthew Zinn, Winter King, and Jaclyn Prang. Having read...
CORRECTED ORDER DENYING DEFENDANTS' MOTION TO DISMISS; GRANTING PLAINTIFF'S MOTION FOR DISCOVERY; AND DENYING DEFENDANTS' MOTION TO STRIKE (Docket Nos. 19-22) EDWARD M. CHEN, District Judge. Plaintiff Ruby Freeman filed suit against Defendants ABC Legal Services Inc., and Granville Smith III. Currently pending before the Court is Defendants' motion to dismiss, Plaintiff's motion for discovery pursuant to Rule 56(d), and Defendants' motion to strike Plaintiff's state law claims pursuant to...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' CLAIM UNDER THE CALIFORNIA FRANCHISE INVESTMENT LAW AND DEFERRING RULING ON MOTION TO TRANSFER VENUE (Docket No. 18) CLAUDIA WILKEN, District Judge. Plaintiffs Charles Roberts and Kenneth McKay have brought a putative class action against Defendants C.R. England, Inc., Opportunity Leasing, Inc. and Horizon Truck Sales and Leasing, LLC, on behalf of themselves and others similarly situated. Roberts and McKay allege numerous causes of...
ORDER RE: CROSS MOTIONS FOR SUMMARY JUDGMENT LARRY ALAN BURNS, District Judge. Poway Unified School District challenges the decision of an Administrative Law Judge that K.C., a deaf student, is entitled to "word-for-word" transcription services under the Individuals with Disabilities Education Act. It is the District's position that "meaning-for-meaning" transcription is sufficient. 1 K.C., of course, believes that meaning-for-meaning transcription is substantially inferior to word-for-word...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS OR STRIKE NEW PLAINTIFFS AND DEFENDANTS (Doc. No. 55), GRANTING EMPRES ENTITIES' MOTION ON ALTER EGO LIABILITY (Doc. No. 56), GRANTING IN PART EVERGREEN LAKEPORT'S MOTION TO DISMISS (Doc. No. 57) AND DENYING AS MOOT EMPRES ENTITIES' MOTION TO DISMISS BASED ON PERSONAL JURISDICTION (Doc. No. 54) CLAUDIA WILKEN, District Judge. Pursuant to the Court's May 25, 2011 Order, 791 F.Supp.2d 774 (N.D.Cal.2011) (Docket No. 46), Plaintiff has filed a First...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS SUSAN ILLSTON, District Judge. Defendants' partial motion to dismiss is currently scheduled for hearing on May 20, 2011. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and hereby VACATES the hearing. Having considered the papers submitted, and for good cause shown, the Court hereby GRANTS IN PART and DENIES IN PART defendants' motion. The Case Management Conference...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS [Doc. No. 13.] IRMA E. GONZALEZ, Chief Judge. Presently before the Court is Defendants' motion to dismiss Plaintiffs' first amended complaint. [Doc. No. 13.] For the reasons stated below, the Court GRANTS Defendants' motion. BACKGROUND The following background is taken from the Plaintiffs' First Amended Complaint ("FAC") unless otherwise noted. In late 2004, Plaintiffs purchased property located in San Diego County at 397 Camino Elevado,...
ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' COMPLAINT AND FIRST AMENDED COMPLAINT (Docket Nos. 21, 45) EDWARD M. CHEN, District Judge. I. INTRODUCTION Plaintiffs Barnes & Noble ("BN") and Barnesandnoble.com ("BN.com") have filed a declaratory judgment suit for non-infringement of eleven patents against Defendants Agere Systems, Inc. ("Agere") and LSI Corp. ("LSI"). Defendants' motions to dismiss Plaintiffs' complaint ("Compl.") and first amended complaint ("FAC"), Docket...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS Docket No. 24 EDWARD M. CHEN, District Judge. Defendant Sarah Morris's motion to dismiss Plaintiffs' complaint for lack of personal jurisdiction came on for hearing before the Court on September 8, 2011. Docket No. 24. For the reasons set forth below, the Court GRANTS the motion. I. FACTUAL & PROCEDURAL BACKGROUND Plaintiffs Robert Lang, Noburu Miyajima, Manuel Sirgo, Nicola Bandoni, Toshikazu Kawasaki, and Jason Ku filed suit against...
ORDER GRANTING MARYLAND'S MOTIONS FOR SUMMARY JUDGMENT SAMUEL CONTI, District Judge. I. INTRODUCTION Before the Court are four related actions in which Plaintiff James Jardine ("Jardine") brings claims against insurance companies Maryland Casualty Company ("Maryland") and OneBeacon Insurance Company ("OneBeacon"). Case Number 10-3318 ("10-3318") involves Maryland's refusal to pay the policy amount after a wall in Plaintiff's property was allegedly damaged. Case Number 10-3319 ("10-3319")...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JAMES WARE, Chief Judge. I. INTRODUCTION Plaintiffs 1 bring this action against Morgan Hill Unified School District ("Morgan Hill") and certain individuals 2 (collectively, "Defendants"), alleging violations of their First and Fourteenth Amendment rights pursuant to 42 U.S.C. 1983, and violations of their right to Freedom of Expression under the California Constitution, Art. I., 2. Plaintiffs allege that Defendants violated their...
ORDER GRANTING SONY'S MOTION FOR SUMMARY JUDGMENT (Docket No. 124) EDWARD M. CHEN, District Judge. Plaintiff Trans Video Electronics, Ltd. has filed suit against various Sony entities (collectively "Sony"), asserting a claim for infringement of one of its patents, more specifically, Patent No. 5,991,801 (the "'801 patent"). On May 18, 2011, 2011 WL 1884358, Judge Patel issued a claim construction order in which she construed various terms contained in the only claim at issue, i.e., claim 3....
