Cavs USA Inc v. Slep-Tone Entertainment Corporation

Filing 80

AMENDED ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT by Judge Dean D. Pregerson, re MOTION for Leave 52 . The Motion is DENIED without prejudice. (bp)

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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)
AMENDED 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 at least in

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

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been determined to be protected by attorney-client privilege.

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(Order RE Plaintiff’s Ex Parte Application for Determination of

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Applicability of Privilege, February 11, 2013 (Dkt. No. 61).)

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Plaintiffs have requested that Exhibit D be removed from the

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court’s files.

(Request for Removal of Documents Filed . . .

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(Dkt. No. 76).)

Because the proposed Second Amended Complaint

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depends on a document that is privileged, the court finds that it

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is inappropriate for filing.

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prejudice.

The Motion is DENIED without

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IT IS SO ORDERED.

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Dated: March 12, 2013
DEAN D. PREGERSON
United States District Judge

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