Wednesday, March 07, 2018 11:09:54 AM
This Wang lawsuit continues. There was supposed to be a hearing this Friday. Wang had to submit a response to CoolTech's motion to dismiss by last Thur. Wang did a good enough job in that to have the judge realize they are hearing 2 different stories from Wang and CoolTech so they have to appear before the judge and let him/her decide whether the case will go to court or be dismissed. There is no date set for that meeting....
ORDER: From the parties' submissions, it appears that there are likely disputes of fact with regard to defendants' proposed motion to dismiss on jurisdictional grounds as well as an ostensible 12(b)(6) motion directed at the fraud and breach of contract claims. Discovery may be warranted on the jurisdictional issues, and the other grounds for defendants motion may call for resolution on summary judgment after discovery. As such, the Court orders the parties to appear before the assigned Magistrate Judge to address all issues related to defendant's proposed motion, including discovery. Should a defense motion move forward, it is hereby referred to the assigned Magistrate Judge for a Report and Recommendation as appropriate. In light of this Order, the conference scheduled for Friday, March 9 is adjourned sine die.
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