Pacer:Mach Xtreme, C-one tech & Strontium dismissal for want of prosecution
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
CASE NO. 13-cv-2911-H-BGS
ORDER DISMISSING
WITHOUT PREJUDICE
PLAINTIFF’S COMPLAINT
FOR WANT OF
PROSECUTION
[Doc. No. 11]
vs.
MACH XTREME TECHNOLOGY
INC.; 3PX USA INC.,
Defendants.
On June 17, 2014, the Court set a dismissal for want of prosecution hearing
pursuant to Federal Rule of Civil Procedure 4(m) as to Defendant Mach Xtreme
Technology, Inc. (Doc. No. 11.) On June 24, 2014, the Court held the hearing. Anton
N. Handal and Pamela Chalk appeared on behalf of Plaintiff. The Court determines
that Plaintiff has not shown good cause why the action should not be dismissed for
want of prosecution and dismisses the action without prejudice.
On December 5, 2013, Plaintiff e.Digital Corporation filed a complaint against
Defendants Mach Xtreme Technology Inc. and 3PX USA Inc.
1 (Doc. No. 1.) On
December 20, 2013, Plaintiff filed a notice of voluntary dismissal without prejudice as
1
Plaintiff has filed 41 cases asserting the same patent that have been transferred
to the Court pursuant to the low-number rule. (See Doc. No. 9.)
- 1 -
13cv2911
Case 3:13-cv-02911-H-BGS Document 13 Filed 06/24/14 Page 1 of 2
to Defendant 3PX USA, Inc. only. (Doc. No. 8.) On June 20, 2014, Plaintiff informed
the Court that Defendant Mach Xtreme returned the waiver of service unexecuted, but
did not show good cause why it was unable to effect service on Defendant Mach
Xtreme in accordance with the Federal Rules of Civil Procedure. (See Doc. No. 12.)
Accordingly, the Court dismisses the action as to Defendant Mach Xtreme without
prejudice.
2 See Civ. L.R. 4.1; Fed. R. Civ. P. 4.
3:13-cv-02936-H-BGS Inc. et al
3:13-cv-02936-H-BGS e.Digital Corporation et al v. Strontium Americas, Inc. et al
e.DIGITAL Corporation et al v. C-One Technology
e.DIGITAL Corporation et al v. C-One Technology
2
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