Limited Jurisdictional Discovery

Judge Gilstrap analyzed the personal jurisdiction issues in this case in some depth, including the continuing uncertainty over the extent of the stream-of-commerce theory. Although finding that the plaintiff had not met its burden to obtain jurisdictional discovery he nonetheless ordered it sua sponte in order to comply with the Federal Circuit’s instruction that courts obtain jurisdictional discovery before taking a stance on the views espoused by Justices Brennan and O’Connor on the extent of the stream-of-commerce theory in Asahi. The order specifies the amount of discovery permitted, and sets a briefing schedule once it is complete.

Motion To Dismiss For Lack of Personal Jurisdiction & Improper Service And  For Transfer Recommended Denied

Judge Payne denied the motions to dismiss for lack of personal jurisdiction and insufficient process, as well as the motion to transfer to the CDTX, with the defendant’s arguments from the former tripping up the latter.