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MMCA Group, Ltd v. Hewlett-Packard Co.

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 10, 2008

MMCA GROUP, LTD., PLAINTIFF,
v.
HEWLETT-PACKARD COMPANY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

ORDER DENYING WITHOUT PREJUDICE DEFENDANT BUSINESS RISKS INTERNATIONAL, LIMITED'S MOTION TO DISMISS; DENYING AS MOOT PLAINTIFF'S ADMINISTRATIVE MOTION FOR CONTINUANCE

Before the Court is defendant Business Risks International, Limited's ("BRI") motion, filed June 13, 2008, to dismiss plaintiff's Second Amended Complaint pursuant to Rules 12(b)(6) and 12(b)(2) of the Federal Rules of Civil Procedure. In plaintiff's opposition thereto, plaintiff requests the hearing on said motion be continued pending the hearing on plaintiff's motion to compel BRI's responses to jurisdictional discovery and, if granted, for BRI to respond as ordered. On July 9, 2008, Magistrate Judge Edward M. Chen heard plaintiff's motion to compel, granted the motion in part, and ordered BRI to produce certain responsive documents by July 16, 2008.

Accordingly, given the potential effect of such discovery on the briefing previously submitted, BRI's motion to dismiss is hereby DENIED without prejudice to BRI's either re- noticing the motion or filing an amended motion, no later than 30 days after the July 16, 2008 deadline for production of documents.*fn1

IT IS SO ORDERED.


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