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FREY v. ARONSON

United States District Court, N.D. California


January 23, 2004.

ROGER FREY, Derivatively on Behalf of Nominal Defendant, NASSDA CORPORATION, Plaintiff,
v.
BERNARD ARONSON, AN-CHANG DENG, YEN-SON HUANG, SANG S. WANG AND EDWARD C.V. WINN, Defendants, and NASSDA CORPORATION, Nominal Defendant

The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION
On January 23, 2004, this Court heard argument on defendants' motion to dismiss for lack of subject matter jurisdiction, or in the alternative, to stay plaintiff's derivative complaint. The parties informed the court during oral argument that they had agreed to stipulate to stay the lawsuit. This Court, however, dismisses the lawsuit for lack of subject matter jurisdiction, since it is not ripe for adjudication.*fn1 There appears to be some merit in defendants' argument that the lawsuit should be stayed under the Colorado River doctrine, as set forth in Colorado River Water Conservation District, 424 U.S. 800 (1976), but the Court will not address this argument since the case is not ripe. The Court denies as moot defendants' other motion to dismiss the complaint under Rules 12(b)(6) and 23.1 of the Federal Rules of Civil Procedure. [Docket ## 21, 22] Page 2

IT IS SO ORDERED.


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