ResMed Corp. v. Cleveland Medical Devices, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RESMED CORP., Case No.: 23-CV-500 TWR (JLB)

Plaintiff,

ORDER (1) VACATING HEARING,

v. (2) DENYING DEFENDANT’S

MOTION TO DISMISS,

CLEVELAND MEDICAL DEVICES, (3) DENYING WITHOUT

INC.,

PREJUDICE DEFENDANT’S Defendant. MOTION TO TRANSFER VENUE, 16 (4) DENYING WITHOUT PREJUDICE AS MOOT

DEFENDANT’S MOTION FOR

JURISDICTIONAL DISCOVERY,

AND (5) FOR PLAINTIFF TO SHOW

CAUSE WHY THIS ACTION

SHOULD NOT BE TRANSFERRED

TO THE UNITED STATES

DISTRICT COURT FOR THE

DISTRICT OF DELAWARE UNDER

THE FIRST-TO-FILE RULE

24 (ECF No. 10)

Presently before the Court is the Motion to Dismiss for Lack of Subject Matter Jurisdiction under Fed. R. Civ. P. 12(b)(1) or, Alternatively, for Transfer under 28 U.S.C. § 1404(a) (“Mot.,” ECF No. 10)…