Court denies defendants' motion to stay pending resolution of jurisdictional challenge
Farnan, J. Court denies defendants’ motion to stay pending resolution of motion to dismiss for lack of personal jurisdiction since any efforts taken (including discovery) could be useful in declaratory judgment action pending in Northern District of California between same parties.
Court refuses to stay proceedings (including briefing on plaintiff’s preliminary injunction and entry of scheduling order) pending resolution of defendants’ motion to dismiss for lack of personal jurisdiction. The Court bases its ruling on the fact that identical issues are pending in a declaratory judgment action filed by defendants against plaintiff in the U.S. District Court for the Northern District of California. Thus, any actions undertaken during the pendency of the motion to dismiss (including discovery) would be useful in those proceedings. Accordingly, the Court directs the parties to jointly submit a scheduling order setting deadlines for briefing on plaintiff’s preliminary injunction as well as other deadlines through trial consistent with the Court’s Order.
A full copy of the opinion is available here.
