On January 4, 2012, Judge Manuel Real granted in part and denied in part the defendant's motion to dismiss claims in the amended complaint.
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On February 7, 2011, Judge Manuel Real denied all three motions by XenForo and its developer Kier Darby, to dismiss the case on grounds of forum non conveniens, non-subject matter jurisdiction and personal jurisdiction in California arguing that the California lawsuit is duplicative of the UK action.