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Case 3:05-cv-03515-MHP Document 12 Filed 09/07/2005 Page 1 of 2
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ONE MARITIME PLAZA
SHARTSIS FRIESE
Dockets.Justia.com
Case 3:05-cv-03515-MHP Document 12 Filed 09/07/2005 Page 2 of 2
1 in opposition to Defendants' motion to dismiss or transfer and all other matters presented to the
2 Court,
4 1. Defendants' motion to dismiss ICI's Complaint in the present action pursuant to the
5 "first to file" doctrine is hereby GRANTED and this Court declines jurisdiction in this matter as a
8 ordered to litigate its claims and defenses in the present matter in the previously filed action
9 between the parties entitled, Reed Elsevier, Inc. v. Inherent.com, Inc. et al., pending in the United
10 States District Court in the District of New Jersey, Docket No. 258305;
11 3. Defendants' motion to transfer this action pursuant to 28 U.S.C. § 1404 and motion
12 to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 9(b) are DISMISSED
13 WITHOUT PREJUDICE in light of the Court's rulings herein as moot.
SAN FRANCISCO, CALIFORNIA 94111-3598
LLP
14 IT IS SO ORDERED.
ONE MARITIME PLAZA
SHARTSIS FRIESE
EIGHTEENTH FLOOR
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DATED: , 2005
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HONORABLE MARILYN H. PATEL
18 UNITED STATES DISTRICT COURT JUDGE
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Case No. C 05 3515 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO
MHP DISMISS COMPLAINT