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13-1000 - Nanologix, Inc. v. Novak


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13-1000 - Nanologix, Inc. v. Novak
December 9, 2013
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Opinion and Order: Novak's motion to dismiss is denied. (Doc. No. 22.) The case shall proceed, and the parties shall notify the Court if the Northern District of California denies NanoLogix's motion to dismiss, whereupon this Court shall transfer or dismiss this case. Judge Sara Lioi on 12/9/2013. (P,J)
March 26, 2015
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Memorandum Opinion and Order: Defendant's renewed motion to dismiss (Doc. No. 60) is granted in part. Plaintiff's affirmative claims sounding in malpractice in the Second Amended Complaint are dismissed. This action shall go forward on plaintiff's fraud claim (limited as set forth in this Memorandum Opinion and Order), defendant's counterclaim, and plaintiff's defensive claim for recoupment. Plaintiff shall have leave until April 10, 2015 to file a Third Amended Complaint limited to the narrow remaining fraud claim, and defendant shall have until April 24, 2015 to file an amended answer. Any motion for summary judgment must be filed by May 8, 2015, oppositions shall be due no later than May 29, 2015, and any replies must be filed by June 8, 2015. Going forward, counsel and the parties are advised that the Court does not condone the past practice in this case of incorporating by reference arguments raised in other briefs. The Court expects all briefing on summary judgment to stand alone and contain each argument offered in support of or against summary judgment. The Court shall issue a final case management plan and trial order setting forth all of the dates and deadlines that will govern the remainder of this litigation. (Related Doc # 70). Judge Sara Lioi on 3/26/2015. (P,J)
March 25, 2016
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Memorandum Opinion and Order: Plaintiff's motion to dismiss/strike defendant's counterclaim (Doc. No. 81) is denied. Defendant's motion for summary judgment (Doc. No. 84) is granted in part and denied in part, as follows: Defendant's motion is granted with respect to the sole claim in plaintiff's third amended complaint; Defendant's motion is denied with respect to his counterclaim; Defendant's motion for summary judgment is granted with respect to plaintiff's affirmative defenses to the extent those defenses rely upon defendant's alleged conflict of interest. The motions for leave to file documents under seal in connection with the parties' motions (Doc. Nos. 85 and 88) are moot, and denied as such. The Court will conduct a Final Pretrial Conference in this case on June 15, 2016 at 1:30 p.m., and this case is scheduled for trial on a two-week standby basis on July 5, 2016. A Trial Order will be separately published. Judge Sara Lioi on 3/25/2016. (P,J)