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Engineered Arresting Systems Corporation v. Atech, Inc. et al

MOTION for Extension of Time AND LIMITED JURISDICTIONAL DISCOVERY AND MEMORANDUM IN SUPPORT

22 Cited authorities

  1. Chudasama v. Mazda Motor Corp.

    123 F.3d 1353 (11th Cir. 1997)   Cited 1,222 times
    Holding that a motion to dismiss challenging the legal sufficiency of a claim should be resolved before discovery begins

  2. Pod-Ners, LLC v. Northern Feed & Bean of Lucerne Ltd. Liability Co.

    204 F.R.D. 675 (D. Colo. 2002)   Cited 472 times
    Granting a motion to expedite discovery to allow for the inspection, sampling and testing of defendant's field beans

  3. Trintec Ind. v. Pedre Promo. Prod

    395 F.3d 1275 (Fed. Cir. 2005)   Cited 243 times   5 Legal Analyses
    Holding that tortious injury occurs where the infringing product is sold

  4. Eaton v. Dorchester Dev., Inc.

    692 F.2d 727 (11th Cir. 1982)   Cited 330 times
    Holding that such jurisdictional discovery is not entirely discretionary, but rather, is at least partly mandatory

  5. Edmond v. U.S. Postal Service General Counsel

    949 F.2d 415 (D.C. Cir. 1991)   Cited 164 times
    Finding abuse of discretion when district court denied jurisdictional discovery in light of allegations suggesting jurisdiction did exist

  6. Renner v. Lanard Toys Ltd.

    33 F.3d 277 (3d Cir. 1994)   Cited 139 times
    Holding that a district court should defer granting a motion to dismiss pursuant to FRCP 12(b) until the plaintiff has had a sufficient opportunity to conduct discovery

  7. Majd-Pour v. Georgiana Community Hosp., Inc.

    724 F.2d 901 (11th Cir. 1984)   Cited 140 times
    Vacating dismissal order and remanding "where the plaintiff's attorney protested that with discovery he could show the existence of jurisdiction"

  8. Washington v. Norton Mfg., Inc.

    588 F.2d 441 (5th Cir. 1979)   Cited 87 times
    Stating that the court has "broad discretion to allow discovery on jurisdictional issues"

  9. Matthews v. Brookstone Stores, Inc.

    431 F. Supp. 2d 1219 (S.D. Ala. 2006)   Cited 26 times
    Holding that defendant did not waive its defense of lack of personal jurisdiction through its litigation conduct in delaying four months in bringing motion to dismiss after first raising defense in its answer, where in interim it filed only required documents and discovery responses, initiated no discovery itself, and sought no relief beyond joining in plaintiff's request to extend time for its deposition

  10. Littlejohn v. Shell Oil Company

    483 F.2d 1140 (5th Cir. 1973)   Cited 80 times
    Vacating summary judgment that was granted without allowing party to take discovery

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 97,825 times   674 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time