Hydentra HLP Int. Limited v. Sagan Limited

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Hydentra HLP Int. Limited, et al., No. CV-16-01494-PHX-DGC 10 Plaintiffs, ORDER v. Sagan Limited, MXN Limited, Netmedia Services Incorporated, and David Koonar, Defendants.

15 Defendants Sagan Limited, MXN Limited (“Cyberweb”), Netmedia Services, Inc., and David Koonar move for an evidentiary hearing to determine whether the Court has personal jurisdiction. Doc. 69. The Court will deny the motion.

18 Defendants contend that because the parties have stipulated that all jurisdiction- related discovery is complete, the interests of judicial economy would be served by holding an evidentiary hearing. Doc. 69 at 5. Plaintiffs argue that such a hearing would not be prudent because the remaining jurisdictional facts are intertwined with the merits of their claims. Doc. 70 at 3, 6. Defendants do not respond to or otherwise dispute this argument.

23 Where jurisdictional facts are intertwined with the merits of a case, it is preferable that a jurisdictional determination be made at trial, “where a plaintiff may present his case in a coherent, orderly fashion and without the risk of prejudicing his case on the merits.” See Data Disc, Inc. v. Sys. Tech. Assocs., Inc., 557 F.2d 1280, 1285 n.2 (9th Cir. 1977); Best Western Int'l Inc. v. Paradise Hosp. Inc., No. CV-14-00337-PHX-DGC, 2014 WL 2|| 4209246, at *5 (D. Ariz. Aug. 26, 2014).!

3 IT IS ORDERED: 4 1. Defendants’ motion for evidentiary hearing (Doc. 69) is denied.

5 2. On or before February 28, 2020, the parties shall file a joint memorandum 6 setting forth a proposed discovery and motion schedule for completing this 7 case.

8 Dated this 10th day of February, 2020.

10 . ul d gue 6, Cater phtl 1 David G. Campbell 13 Senior United States District Judge 2600 ' The Ninth Circuit has determined that the Court has personal jurisdiction over Saeassarig thst personal jurisdiction is proper a 10 al qumers or operators of Porn com 28|| at 4-5. At trial, the Court must additionally determine whether | Netmedia and Koonar are owners or operators of the website.

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