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Rebecca Tucker v. Regent Asset Management Solutions

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


January 17, 2012

REBECCA TUCKER, PLAINTIFF,
v.
REGENT ASSET MANAGEMENT SOLUTIONS, INC.; AND MICHAEL SCATA,
DEFENDANTS.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

** E-filed January 17, 2012 **

NOT FOR CITATION

INTERIM ORDER RE: DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

United States District Court For the Northern District of California

On January 17, 2012, counsel for the plaintiff and defendant Michael Scata appeared via 18 telephone for a hearing on Scata's motion to dismiss for lack of personal jurisdiction. When 19 considering a motion challenging personal jurisdiction, the court has broad discretion to permit 20 discovery "where pertinent facts bearing on the question of jurisdiction are controverted or where a 21 more satisfactory showing of the facts is necessary." Data Disc, Inc. v. Systems Technology 22 Associates, Inc., 557 F.2d 1280, 1285, n. 1 (9th Cir. 1977). In this case, facts pertinent to 23 jurisdiction do appear to be controverted. Accordingly, the undersigned grants the plaintiff the 24 opportunity to conduct jurisdictional discovery to determine whether this court may exercise 25 personal jurisdiction over defendant Scata. Plaintiff Tucker may depose Scata and request that Scata 26 produce information and documentation relevant to this issue, and may submit her own declaration 27 attesting to jurisdictional facts. Tucker shall submit whatever additional information she wishes to 28 present to the court no later than March 16, 2012. In addition, Scata may submit any additional evidence that is both relevant to the jurisdictional issue and properly authenticated to the court no 2 later than February 17, 2012.

The matter is taken under submission and the court will issue a ruling. Should a further hearing be necessary, the court will schedule one. 5

IT IS SO ORDERED.

Notice will be electronically mailed to:

Todd Friedman tfriedman@attorneysforconsumers.com Darin Shaw dshaw@attorneysforconsumers.com Notice will be sent by mail to: Michael Scata 7131 Four Rivers Rd. Boulder, CO 80301 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

20120117

© 1992-2012 VersusLaw Inc.



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