´´The court finds this matter appropiate for resolution without hearing´´!!!!!!!
Posted by: coinstarz
In reply to: None Date:6/12/2006 11:21:04 PM
Post #of 2090
Lawsuit Dismissed by: mofosr 06/12/06 10:21 pm
Msg: 105616 of 105633
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
TERCICA, INC.,
Plaintiff,
v.
INSMED INCORPORATED,
Defendant.
_________________________________
No. C 05-5027 SBA
ORDER
[Docket Nos. 17, 23, 26, 31]
This matter comes before the Court on Defendant Insmed Incorporated's ("Defendant") Motion
to Dismiss the First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2),
12(b)(3), and 12(b)(6) and to Strike Portions of the First Amended Complaint Pursuant to Federal Rule
of Civil Procedure 12(f); Plaintiff Tercica, Inc.'s ("Plaintiff") Request for Judicial Notice; Defendant's
Opposition and Objections to Plaintiff's Request for Judicial Notice and Evidentiary Objections; and
Defendant's Objections to Plaintiff's Two Supplemental Declarations. Having read and considered the
arguments presented by the parties in the papers submitted to the Court, the Court finds this matter
appropriate for resolution without a hearing. The Court hereby GRANTS Defendant's Motion to Dismiss for lack of personal jurisdiction and DISMISSES the First Amended Complaint without leave to amend. The Court also GRANTS IN PART AND DENIES IN PART Plaintiff's Request for Judicial Notice, SUSTAINS IN PART AND OVERRULES IN PART Defendant's Opposition and Objections to Plaintiff's Request for Judicial Notice and Evidentiary Objections, and SUSTAINS IN PART AND OVERRULES IN PART Defendant's Objections to Plaintiff's Two Supplemental Declarations.
Case 4:05-cv-05027-SBA Document 43 Filed 06/09/2006
Page 1 of 29
United States District Court
For the Northern District of California
finance.messages.yahoo.com/bbs?action=m&board=1600811390&tid=insm&sid=1600811390&mid=105616
Peace!
C-Starz