Cavs USA Inc v. Slep-Tone Entertainment Corporation

Filing 78

ORDER DENYING PLAINTIFFS MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT [Dkt. No. 52] by Judge Dean D. Pregerson: The proposed amendments to the Complaint appear to be based in substantial part on Exhibit D to the Declaration of Susan B. Meyer, w hich has been determined to be protected by attorney-client privilege. See Order RE Plaintiffs Ex Parte Application for Determination of Applicability of Privilege, February 11, 2013 (Dkt. No. 61). Plaintiffs have requested that Exhibit D be removed from the courts files. Request for Removal of Documents Filed (Dkt. No. 76). The court finds that because one of documents underlying the proposed amended complaint is privileged, such amendment is inappropriate. The Motion is DENIED without prejudice. Any amended complaint shall be filed within ten days of this order. (lc) Modified on 3/6/2013 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CAVS USA, INC.,

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Plaintiff,
v.
SLEP-TONE ENTERTAINMENT
CORPORATION d/b/a SOUND
CHOICE, a North Carolina
corporation,

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Defendant.
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___________________________

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Case No. CV 11-05574 DDP (JEMx)
ORDER DENYING PLAINTIFF’S MOTION
FOR LEAVE TO FILE SECOND AMENDED
COMPLAINT
[Dkt. No. 52]

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Presently before the court is Plaintiff CAVS USA, inc.

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(“CAVS”)’s Motion for Leave to File Second Amended Complaint.

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proposed amendments to the Complaint appear to be based in

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substantial part on Exhibit D to the Declaration of Susan B. Meyer,

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which has been determined to be protected by attorney-client

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privilege.

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Determination of Applicability of Privilege, February 11, 2013

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(Dkt. No. 61).

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from the court’s files.

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. . (Dkt. No. 76).

The

See Order RE Plaintiff’s Ex Parte Application for

Plaintiffs have requested that Exhibit D be removed
Request for Removal of Documents Filed .

The court finds that because one of documents

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underlying the proposed amended complaint is privileged, such

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amendment is inappropriate.

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prejudice.

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this order.

The Motion is DENIED without

Any amended complaint shall be filed within ten days of

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IT IS SO ORDERED.

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Dated:March 6, 2013
DEAN D. PREGERSON
United States District Judge

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