Opinion
No. CV11-00677-PHX-DGC
12-19-2011
Quantum Information Specialists; Leonard J. Pearlstein; James L. McNully; and Gilbert F. R. Rau, Plaintiffs, v. United States Department of Defense, Defendant.
ORDER
Plaintiffs have filed a third amended complaint (Doc. 30) pursuant to the Court's October 5, 2011 order (Doc. 27). Plaintiffs have also filed a motion to remove Quantum Information Specialists ("Quantum") as a plaintiff (Doc. 28), a motion for oral argument on the motions (Doc. 29), and a motion requesting the status of the case (Doc. 31).
The third amended complaint asserts that this Court has original jurisdiction under 28 U.S.C. § 1331 and alleges a claim for theft of technologies under 18 U.S.C. § 1905, the Fourth, Fifth, and Eleventh Amendments, and Patent Law. Doc. 30, at 2. The Court finds that it has jurisdiction over this matter because Plaintiffs' claim is asserted under § 1905 and the Fifth Amendment.
IT IS ORDERED:
1. Plaintiffs' third amended complaint (Doc. 30) is construed as the active complaint, and Defendant is directed to file a response or other appropriate motions by January 13, 2012.
2. The motion to remove Quantum as a plaintiff (Doc. 28) is granted. The Clerk shall remove Quantum as a party to this matter.
3. The motion for oral argument (Doc. 29) is denied.
4. The motion requesting the status of the case (Doc. 31) has been granted by entry of this order.
_________________
David G. Campbell
United States District Judge