Andrew Schwartz v. VIZIO, Inc

Filing 70

ORDER GRANTING DEFENDANT VIZIO, INC.S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 9(b) AND 12(b)(6) 64 by Judge James V. Selna. Case Terminated. Made JS-6. (es)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ANDREW SCHWARTZ and JAMES
UNICE, individually and on behalf of
all others similarly situated,

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Plaintiff,

Case No. 8:16-cv-01883-JVS-DFM
Consolidated with
Case No. 2:16-cv-09367-JVS-DFM
[Assigned to Hon. James V. Selna]

v.
VIZIO, INC.,
Defendant.

ORDER GRANTING DEFENDANT
VIZIO, INC.’S MOTION TO
DISMISS PURSUANT TO FED. R.
CIV. P. 9(b) AND 12(b)(6)

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ORDER GRANTING DEFENDANT VIZIO, INC.’S MOTION TO DISMISS

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On August 21, 2017, at 1:30 p.m. in Courtroom 10C of the Ronald Reagan

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Federal Building and United States Courthouse for the Central District of California,

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located at 411 W. Fourth St., Santa Ana, CA 92701, Defendant Vizio, Inc.’s Motion to

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Dismiss the Second Consolidated Amended Complaint (“SCAC”) came on for hearing

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before this Court. The parties appeared through their counsel of record.

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After considering all of the papers filed herein, the authorities submitted by

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counsel, as well as counsel’s oral arguments, it is HEREBY ORDERED that the

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Motion is GRANTED. Plaintiffs’ CAC is dismissed WITH PREJUDICE.

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IT IS SO ORDERED.

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Dated: August 24, 2017

____________________________
HON. JAMES V. SELNA
United States District Judge

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[PROPOSED] ORDER GRANTING DEFENDANT VIZIO, INC.’S MOTION TO DISMISS