NOTICE by Think Computer Corporation re [24] MOTION to Dismiss First Amended Complaint by State Defendants; Memorandum of Points and Authorities in Support, [30] Opposition/Response to Motion, [31] Reply to Opposition/Response, [40] Motion Hearing under L.R. 7-13 that motion has been under submission for more than 120 days (Aschenbrener, Michael) (Filed on 3/24/2014)
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Page 1 Case5:11-cv-05496-HRL Document52 Filed03/24/14 Page1 of 3
MICHAEL J. ASCHENBRENER (SBN 277114)
mja@aschenbrenerlaw.com
2 ASCHENBRENER LAW, P.C.
795 Folsom Street, First Floor
3 San Francisco, CA 94107
Telephone: (415) 813-6245
4 Fax: (415) 813-6246
5
6 ATTORNEY FOR PLAINTIFF
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
SAN JOSE DIVISION
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THINK COMPUTER CORPORATION, a
11 Delaware Corporation,
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13
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15
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Plaintiff,
v.
ROBERT VENCHIARUTTI, et al.,
Defendants.
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18
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Case No. 11-cv-05496-HRL
PLAINTIFF’S LOCAL RULE 7-13
NOTICE THAT DEFENDANTS’ MOTION
TO DISMISS FIRST AMENDED
COMPLAINT HAS BEEN UNDER
SUBMISSION FOR MORE THAN 120
DAYS
Before the Honorable Howard R. Lloyd
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28
LOCAL RULE 7-13 NOTICE THAT MOTION TO
DISMISS HAS BEEN UNDER SUBMISSION FOR
MORE THAN 120 DAYS
11-CV-05496-HRLPage 2 Case5:11-cv-05496-HRL Document52 Filed03/24/14 Page2 of 3
1
Plaintiff Think Computer Corporation (“Think”) hereby gives notice pursuant to Local
2 Rule 7-13 that Defendants’ Motion to Dismiss First Amended Complaint (the “Motion”), which
3
the court took under submission following a hearing on April 17, 2012, has been under
4
submission for more than 120 days.
5
1.
On January 31, 2012, Plaintiff filed the First Amended Complaint. (Dkt. No. 23.)
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2.
On February 14, 2012, Defendants filed the Motion. (Dkt. No. 24.)
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3.
On February 28, 2012, Plaintiff filed a Response and Opposition to the Motion.
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(Dkt. No. 25.)
4.
On March 3, 2012, Plaintiff filed a Response and Opposition to the Motion. (Dkt.
No. 30.)
5.
On March 6, 2012, Defendants filed a Reply Memorandum of Points and
Authorities in Support of the Motion. (Dkt. No. 31.)
6.
On April 17, 2012, the Court held a motion hearing regarding the Motion. (Dkt.
No. 40.)
7.
Plaintiff Think respectfully requests that the Court issue an order deciding
Defendants’ Motion so that the underlying lawsuit can move toward resolution.
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Date: March 24, 2014
Respectfully submitted,
ASCHENBRENER LAW, P.C.
By: s/ Michael Aschenbrener
Michael Aschenbrener
Counsel for Plaintiff Think Computer Corporation
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LOCAL RULE 7-13 NOTICE THAT MOTION TO
DISMISS HAS BEEN UNDER SUBMISSION FOR
MORE THAN 120 DAYS
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11-cv-05496-HRLPage 3 Case5:11-cv-05496-HRL Document52 Filed03/24/14 Page3 of 3
CERTIFICATE OF SERVICE
1
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The undersigned certifies that, on March 24, 2014 he caused this document to be
3
electronically filed with the Clerk of Court using the CM/ECF system, which will send
4
notification of filing to counsel of record for each party.
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6
Dated: March 24, 2014
ASCHENBRENER LAW, P.C.
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By: s/ Michael Aschenbrener
Michael Aschenbrener
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LOCAL RULE 7-13 NOTICE THAT MOTION TO
DISMISS HAS BEEN UNDER SUBMISSION FOR
MORE THAN 120 DAYS
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11-cv-05496-HRL
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case5:11-cv-05496-HRL Document52 Filed03/24/14 Page1 of 3
MICHAEL J. ASCHENBRENER (SBN 277114)
1 mja@aschenbrenerlaw.com
2 ASCHENBRENER LAW, P.C.
795 Folsom Street, First Floor
3 San Francisco, CA 94107
Telephone: (415) 813-6245
4 Fax: (415) 813-6246
5
6 ATTORNEY FOR PLAINTIFF
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
SAN JOSE DIVISION
10
THINK COMPUTER CORPORATION, a
11 Delaware Corporation,
12
13
14
15
16
Plaintiff,
v.
ROBERT VENCHIARUTTI, et al.,
Defendants.
17
18
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 11-cv-05496-HRL
PLAINTIFF’S LOCAL RULE 7-13
NOTICE THAT DEFENDANTS’ MOTION
TO DISMISS FIRST AMENDED
COMPLAINT HAS BEEN UNDER
SUBMISSION FOR MORE THAN 120
DAYS
Before the Honorable Howard R. Lloyd
19
20
21
22
23
24
25
26
27
28
LOCAL RULE 7-13 NOTICE THAT MOTION TO
DISMISS HAS BEEN UNDER SUBMISSION FOR
MORE THAN 120 DAYS
11-CV-05496-HRL
PDF Page 3
Case5:11-cv-05496-HRL Document52 Filed03/24/14 Page2 of 3
1
Plaintiff Think Computer Corporation (“Think”) hereby gives notice pursuant to Local
2
Rule 7-13 that Defendants’ Motion to Dismiss First Amended Complaint (the “Motion”), which
3
the court took under submission following a hearing on April 17, 2012, has been under
4
submission for more than 120 days.
5
1.
On January 31, 2012, Plaintiff filed the First Amended Complaint. (Dkt. No. 23.)
6
2.
On February 14, 2012, Defendants filed the Motion. (Dkt. No. 24.)
7
3.
On February 28, 2012, Plaintiff filed a Response and Opposition to the Motion.
8
9
10
11
12
13
14
15
16
(Dkt. No. 25.)
4.
On March 3, 2012, Plaintiff filed a Response and Opposition to the Motion. (Dkt.
No. 30.)
5.
On March 6, 2012, Defendants filed a Reply Memorandum of Points and
Authorities in Support of the Motion. (Dkt. No. 31.)
6.
On April 17, 2012, the Court held a motion hearing regarding the Motion. (Dkt.
No. 40.)
7.
Plaintiff Think respectfully requests that the Court issue an order deciding
Defendants’ Motion so that the underlying lawsuit can move toward resolution.
17
18
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Date: March 24, 2014
Respectfully submitted,
ASCHENBRENER LAW, P.C.
By: s/ Michael Aschenbrener
Michael Aschenbrener
Counsel for Plaintiff Think Computer Corporation
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24
25
26
27
28
LOCAL RULE 7-13 NOTICE THAT MOTION TO
DISMISS HAS BEEN UNDER SUBMISSION FOR
MORE THAN 120 DAYS
1
11-cv-05496-HRL
PDF Page 4
Case5:11-cv-05496-HRL Document52 Filed03/24/14 Page3 of 3
CERTIFICATE OF SERVICE
1
2
The undersigned certifies that, on March 24, 2014 he caused this document to be
3
electronically filed with the Clerk of Court using the CM/ECF system, which will send
4
notification of filing to counsel of record for each party.
5
6
Dated: March 24, 2014
ASCHENBRENER LAW, P.C.
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By: s/ Michael Aschenbrener
Michael Aschenbrener
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LOCAL RULE 7-13 NOTICE THAT MOTION TO
DISMISS HAS BEEN UNDER SUBMISSION FOR
MORE THAN 120 DAYS
2
11-cv-05496-HRL
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