Smart Modular Technologies, Inc. v. Netlist, Inc.

Filing 195

ORDER signed by District Judge Troy L. Nunley on 10/10/17 GRANTING Netlist's 188 Motion for Leave to File Amended Stricken Affirmative Defenses.(Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SMART MODULAR TECHNOLOGIES,
INC.,
Plaintiff and Counterclaim
Defendant,
v.

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No. 2:12-cv-02319-TLN-EFB

ORDER GRANTING DEFENDANT’S
MOTION TO AMEND STRICKEN
AFFIRMATIVE DEFENSES

NETLIST, INC.,
Defendant and Counterclaim
Plaintiff.

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This matter is before the Court on Defendant and Counterclaim Plaintiff Netlist, Inc.’s

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(“Netlist”) Motion for Leave to Filed Amended Stricken Affirmative Defenses. (ECF No. 188.)

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Plaintiff and Counterclaim Defendant Smart Modular Technologies Inc. (“Smart Modular”) filed

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a statement of non-opposition.1 (ECF No. 190.) The Court has reviewed the arguments raised in

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Netlist’s motion and good cause appearing, hereby GRANTS Netlist’s Motion for Leave to File

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Amended Stricken Affirmative Defenses (ECF No. 188).

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IT IS SO ORDERED.
Dated: October 10, 2017
Troy L. Nunley
United States District Judge

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Smart Modular also filed a Motion to Dismiss (ECF No. 191) Netlist’s Amended Answer and Counterclaim
even though this Court had not yet granted Netlist’s motion to amend. While the Court could determine such a filing
is untimely, in light of this Order, the Court chooses not to strike the motion.

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