Inherent.Com v. Martindale-Hubbell et al Doc.

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Case 3:05-cv-03515-MHP Document 12 Filed 09/07/2005 Page 1 of 2

1 SHARTSIS FRIESE LLP

ZESARA C. CHAN (Bar #136302)
2 TRACY A. DONSKY (Bar #197114)
One Maritime Plaza, 18th Floor
3 San Francisco, California 94111-3598
Telephone: (415) 421-6500
4 Facsimile: (415) 421-2922

5 Attorneys for Defendants

MARTINDALE-HUBBELL AND
6 LEXIS/NEXIS, divisions of
REED ELSEVIER, INC.
7

8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA
10 SAN FRANCISCO DIVISION
11
INHERENT.COM aka INHERENT, INC. ) No. C 05 3515 MHP
12 )
Plaintiff, ) [PROPOSED]
13 ) ORDER GRANTING DEFENDANTS'
SAN FRANCISCO, CALIFORNIA 94111-3598

v. ) MOTION TO DISMISS COMPLAINT

LLP

14 )
ONE MARITIME PLAZA
SHARTSIS FRIESE

MARTINDALE-HUBBELL, LEXIS/NEXIS ) Date: October 31, 2005

EIGHTEENTH FLOOR

15 INC. and DOES 1 through 200 inclusive, ) Time: 2:00 p.m.

) Courtroom: 15
16 Defendants. ) Judge: Honorable Marilyn H. Patel
)
17 )
) Complaint Filed: July 29, 2005
18 )
)
19

20 The motion of defendants Martindale-Hubbell and Lexis/Nexis, divisions of Reed Elsevier,

21 Inc. (collectively, "Defendants") to (a) dismiss the complaint of Inherent.com also known as
22 Inherent, Inc. (collectively "ICI") filed on July 29, 2005 ("Complaint"), which was removed to this
23 Court on August 30, 2005, or (b) in the alternative, to transfer this action pursuant to 28 U.S.C. §
24 1404 to the District of New Jersey where another action between the same parties is pending, or to
25 dismiss the Complaint for failure to plead fraud with particularity under Federal Rule of Civil
26 Procedure 9(b), came on regularly for hearing before this Court on October 31, 2005. Counsel for
27 the parties appeared before the Court.
28 After considering the written and oral arguments and evidence submitted in support of and
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Case No. C 05 3515 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO
MHP DISMISS COMPLAINT

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,

3 IT IS HEREBY ORDERED as follows:

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

6 matter of federal comity;

7 2. ICI's Complaint is hereby DISMISSED WITHOUT PREJUDICE and ICI is

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

15
DATED: , 2005
16

17
HONORABLE MARILYN H. PATEL
18 UNITED STATES DISTRICT COURT JUDGE
19 ZCC\7002\001\1318912.01

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Case No. C 05 3515 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO
MHP DISMISS COMPLAINT