IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
December 1, 2011
SAN DISK CORPORATION,
ROUND ROCK RESEARCH LLC
The opinion of the court was delivered by: Richard Seeborg United States District Judge
United States District court For the Northern District of California
ORDER RE BRIEFING OF PENDING MOTIONS
Defendant's motion to dismiss for lack of personal jurisdiction and failure to state a claim, 18 and plaintiff's motion for leave to conduct jurisdictional discovery, are both set for hearing on 19 January 12, 2012. Plaintiff seeks to have its deadline for opposing the motion to dismiss extended, 20 and the hearing on its motion for leave to conduct discovery advanced, so that it can incorporate the 21 results of jurisdictional discovery into its opposition to the dismissal motion. Those requests are 22 denied. Plaintiff should include in its opposition to the motion to dismiss all facts and arguments it 23 presently possesses as to why it contends a basis for personal jurisdiction exists. Should that 24 showing prove insufficient, the Court will then take up the question of whether jurisdictional 25 discovery is warranted. Accordingly, both motions will remain on calendar as presently scheduled. 26
To permit the parties a fair opportunity to prepare their briefing in light of this order, and taking into 27 account the holidays, oppositions to both motions shall be due on December 13, 2011, with replies 28 due on December 20, 2011. The parties should bear in mind that the question of whether jurisdictional discovery will be allowed may be largely subsumed into the analysis of the motion to 2 dismiss, and that therefore further briefing on the motion for leave to conduct such discovery likely 3 need not be extensive. 4 5
IT IS SO ORDERED.
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