Free Proposed Order - District Court of California - California

Case 3:07-cv-05115-JSW

Document 11

Filed 11/28/2007

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PILLSBURY WINTHROP SHAW PITTMAN LLP SHERI FLAME EISNER #162776 [email protected] DAVID L. STANTON # 208079 [email protected] 725 South Figueroa Street, Suite 2800 Los Angeles, CA 90017-5406 Telephone: (213) 488-7100 Facsimile: (213) 629-1033 PILLSBURY WINTHROP SHAW PITTMAN LLP JOHN M. GRENFELL #88500 [email protected] 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 Telephone: (415) 983-1000 Facsimile: (415) 983-1200 Attorneys for Defendant NETWORK SOLUTIONS, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

DOE, Individually And On Behalf Of All Others Similarly Situated, Plaintiff,

No. C 07-5115 JSW [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1)

18 vs. 19 NETWORK SOLUTIONS, LLC, 20 Defendant. 21 22 23 24 25 26 27 28
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Judge: Date:
Time: CrtRm:

Hon. Jeffrey S. White
January 25, 2008 9:00 a.m. 2

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[PROPOSED] ORDER Case No. C 07-5115 JSW

Case 3:07-cv-05115-JSW

Document 11

Filed 11/28/2007

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Defendant Network Solutions LLC's ("Network Solutions") Motion To Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction came on regularly for hearing in room 2 of this Court on January 25, 2008 at 9:00 a.m. before the Honorable Jeffrey S. White. Network Solutions was represented by the law firm of Pillsbury Winthrop Shaw Pittman LLP and plaintiff Doe ("Plaintiff") was represented by the law firm of Gutride Safier Reese LLP. After full consideration of the pleadings, records and files herein, including oral argument by both parties, and the authorities submitted by counsel, the Court finds that Plaintiff improperly filed this proposed class action anonymously in violation of Federal Rule of Civil Procedure 10(a) and 17(a). This is based on the following: Plaintiff did not obtain prior court approval for an anonymous filing; Plaintiff failed to identify himself in the Complaint; and Plaintiff's Complaint does not establish any ground for an anonymous filing. As a result, there is no real party in interest or person with Article III standing to pursue the alleged claims. Thus, this Court lacks subject matter jurisdiction. Based on these findings, the Court GRANTS Defendant's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). This action is hereby DISMISSED. Dated:

Jeffrey S. White Judge of the United States District Court

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