AGFA Corporation v. Benjamin Richard et al

Filing 44

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge David O. Carter for Report and Recommendation 42 . (mt)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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AGFA CORPORATION,

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Plaintiff,
v.

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BENJAMIN RICHARD, et al.,

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Defendants.

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Case No. 8:17-cv-01976-DOC (JDEx)
ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the records on file,

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including the First Amended Complaint (Dkt. 13, “FAC”) filed by Plaintiff

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Agfa Corporation (“Plaintiff”), the Motion to Dismiss the FAC (Dkt. 21,

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“Motion to Dismiss”) and accompanying Request for Judicial Notice filed by

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defendant Benjamin Richard (“Defendant”) and the Opposition and Reply

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briefs relating thereto, and the Report and Recommendation of the assigned

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United States Magistrate Judge. No party has filed any written objection to the

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Report and Recommendation.

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IT IS HEREBY ORDERED that:

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The Report and Recommendation is approved and accepted;

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The Motion to Dismiss is GRANTED without leave to amend as

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to Claim Two in the FAC and with leave to amend as to Claim

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Three; and

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3.

If Plaintiff can remedy the deficiencies described in the Report and

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Recommendation regarding Claim Three, Plaintiff shall file a

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Second Amended Complaint by no later than fourteen (14) days

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from date of this Order which deletes Claim Two and remedies the

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deficiencies described in the Report and Recommendation in what

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is now numbered Claim Three in the FAC, but would be re-

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numbered as Claim Two in a Second Amended Complaint.

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Failure to timely file such a Second Amended Complaint will be

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deemed a voluntary withdrawal of Claim Three by Plaintiff.
Dated: June 20, 2018
______________________________
DAVID O. CARTER
United States District Judge

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