Notice of Hearing no fee

Cal. Super. - 6th Dist.June 13, 2019

Ropers Majeski Kohn & Bentley A Professional Corporation Redwood City \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 190V348861 Santa Clara - Civil TODD A. ROBERTS (SBN 129722) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 500 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 Email: todd.r0berts@rmkb.com Attorneys for Defendants DUKE UNIVERSITY. also sued erroneouslv as Electronically Filed by Superior Court of CA, County of Santa Clara, onamrzommflvr 08/02/19 L Reviewed By: L. Quach-Marcella Case #1 9CV348861 Envelope: 3304492 DUKE INNOVATION & ENTREPRENEURSHIP, and DUKE EDUCATIONAL INVESTMENT. formerly known as DUKE ANGEL NETWORK SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA DAVID FRAZEE, an individual, Plaintiff, V. DUKE UNIVERSITY. a non-Drofit corporation. DUKE INNOVATION & ENTREPRENEURSHIP. and DUKE ANGEL NETWORK, et al., Defendants. CASE NO. 19-CV348861 NOTICE 0F MOTION AND MOTION T0 QUASH 0R, ALTERNATIVELY, T0 DISMISS FOR FORUMNON CONVENIENS; MEMORANDUM 0F POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION 0F KATE S. HENDRICKS IN SUPPORT THEREOF; DECLARATION 0F TODD A. ROBERTS IN SUPPORT THEREOF; APPENDIX 0F OUT-OF-STATE AUTHORITIES; [PROPOSED] ORDER [C.C.P. § 418.10(a)(1); C.C.P.§ 430.10] Date: December 3, 2019 Time: 9:00 am. Dept: 9 Judge: Mary E. Arand Action Filed: June 13, 2019 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that 0n December 3, 2019, at 9:00 am. or as soon thereafter as the matter may be heard before the Honorable Mary E. Arand in Dept.9 of the above Court, located at 191 North First Street, San Jose, California, Defendants DUKE UNIVERSITY, also sued erroneously as DUKE INNOVATION 4847-51 14-2558.1 _ & ENTREPRENEURSHIP, and DUKE 1 _ QM na NOTICE OF MOTION AND MOTION TO QUASH OR, ALTERNATIVELY, TO DISMISS FORFORUMNONCONVENIENS Ropers Majeski Kohn & Bentley A Professional Corporation Redwood City 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDUCATIONAL INVESTMENT, formerly known as DUKE ANGEL NETWORK Will, and hereby d0, move the court for an Order t0 quash the summons or, alternatively, to dismiss the complaint forforum non conveniens. The motion t0 quash is made pursuant t0 California Code of Civil Procedure § 418. 10(a)(1) 0n the grounds that the court lacks personal jurisdiction, either specific or general, over moving Defendants such that it would be a Violation 0f their Constitutional rights t0 due process for the court t0 compel their participation in this lawsuit Within the State of California jurisdiction over Duke. Alternatively, Defendants move the court pursuant to Code 0f Civil Procedure § 430.10 for an order dismissing the case based 0n the grounds that California is an inconvenient forum, Plaintiff has an alternative forum available to him in North Carolina Where the material witnesses to the dispute reside, and where North Carolina is the home of defendants. This Motion Will be based 0n this Notice of Motion, the accompanying Memorandum of Points and Authorities; Declaration of Kate S. Hendricks, Declaration 0f Todd A. Roberts, Appendix 0f Out-of-State Authorities; and the records on file herein and on such oral and documentary evidence as may be presented at the hearing of the motion. Dated: August 2, 2019 ROPERS, MAJESKI, KOHN & BENTLEY By: WXflr- TODD A. ROBERTS Attorneys for Defendants DUKE UNIVERSITY. sued erroneously as DUKE INNOVATION & ENTREPRENEURSHIP. and DUKE EDUCATIONAL INVESTMENT. formerlv known as DUKE ANGEL NETWORK 4847-5114-2558.1 _ 2 _ NOTICE OF MOTION AND MOTION TO QUASH OR, ALTERNATIVELY, TO DISMISS FORFORUMNONCONVENIENS