Free Proposed Order - District Court of California - California

Case 5:07-cv-04507-JF

Document 40

Filed 12/03/2007

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Danning Jiang, Esq. (CA BAR No. 196985) [email protected] LAW OFFICES OF DANNING JIANG 271 North First Street San Jose, California 95113 Tel.: (408) 299-0800 Fax: (408) 299-0300 Attorneys for Special Appearing Defendant Grace Yu

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

) ) ) Plaintiff, ) ) Vs. ) ) PRETEC ELECTRONICS CORPORATION, a dissolved California ) ) corporation; PTI GLOBAL, INC., a ) California corporation; CHIU FENG CHEN, an individual; GORDON YU, an ) individual; TOMMY HO, an individual; ) ROBERT WU, an individual; GRACE YU, ) ) an individual; and DOES 1 through 20, ) ) Defendants. _____________________________________ ) ACTICON TECHNOLOGIES LLC,

CASE NO. C 07-4507 JF (HRL)

[PROPOSED] ORDER GRANTING MOTION TO DISMISS BY SPECIAL APPEARING DEFENDANT GRACE YU FOR INSUFFICIENCY SERVICE OF SUMMONS AND COMPLAINT [FRCP 12(b)(5)]

Dated: January 25, 2008 Time: 9:00 a.m. Place: 280 S. First St., Courtroom 3 San Jose, CA 95113 Judge: Hon. Jeremy Fogel

The Motion to Dismiss for Insufficiency Service of Summons and Complaint by special appearing defendant Grace Yu came regularly for hearing before this court in Courtroom 3, Hon. Jeremy Fogel presiding. Christine S. Watson, Esq. appearing for plaintiff Acticon Technologies LLC, and Danning Jiang, Esq. specially appearing for defendant Grace Yu.
ORDER GRANTING MOTION TO DISMISS BY GRACE YU [FRCP 12(b)(5)]

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Case 5:07-cv-04507-JF

Document 40

Filed 12/03/2007

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After full consideration of the motion paper, pleadings, and the authorities submitted by counsel, as well as counsel's oral argument, the court finds that this is a proper case to grant the motion. IT IS ORDERED that Grace Yu's motion to dismiss is granted and the service of summons and complaint is quashed, pursuant to FRCP Rule 12(b)(5) and Rule 4(e)(2) for insufficiency service of summons and complaint. IT IS FURTHER ORDERED that plaintiff's complaint against Grace Yu is dismissed without prejudice. IT IS SO ORDERED.

Date: ___________________, 2008

___________________________________ Hon. Jeremy Fogel U.S. DISTRICT COURT JUDGE

ORDER GRANTING MOTION TO DISMISS BY GRACE YU [FRCP 12(b)(5)]

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