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Siano Mobile Silicon, Inc v. Mavcom

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 28, 2011

SIANO MOBILE SILICON, INC.,
PLAINTIFF,
v.
MAVCOM, INC., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER DENYING ADMINISTRATIVE MOTION TO BIFURCATE (re: dkt. #66)

On February 23, 2011, Defendants filed an "Administrative Motion to Bifurcate and Prioritize Forum Non Conveniens and Subject Matter Jurisdiction Arguments and Stay Briefing 18 and Discovery Issues Relating to Personal Jurisdiction and Service." See Dkt. #66. This motion is 19 DENIED. 20

Plaintiff's request for discovery in connection with personal jurisdiction and forum non conveniens is pending before the Honorable Paul S. Grewal, the referral Magistrate Judge in this 22 action. Thus, the propriety of any stay of discovery will be decided by Judge Grewal. 23

In the event Judge Grewal denies Plaintiff's request for expedited discovery, the briefing 24 schedule on Defendants' Motion to Dismiss [dkt. #56] shall remain as set, with Plaintiff's 25 Opposition due by March 16, 2011, Defendants' Reply due by March 25, 2011, and the hearing set 26 for April 28, 2011. 27

In the event Judge Grewal grants Plaintiff's request for expedited discovery, the 28 undersigned will consider appropriate modifications to the briefing schedule and hearing date, in order to ensure a fair and efficient resolution of the pending Motion to Dismiss. In the event 2 Plaintiff's request is granted, the parties should file a proposed revised schedule, preferably by joint 3 stipulation, no later than three (3) days after Judge Grewal's ruling. 4

IT IS SO ORDERED.

United States District Court For the Northern District of California

20110228

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