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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 SMART MODULAR TECHNOLOGIES, INC., Plaintiff and Counterclaim Defendant, v. 14 15 No. 2:12-cv-02319-TLN-EFB ORDER GRANTING DEFENDANT’S MOTION TO AMEND STRICKEN AFFIRMATIVE DEFENSES NETLIST, INC., Defendant and Counterclaim Plaintiff. 16 17 This matter is before the Court on Defendant and Counterclaim Plaintiff Netlist, Inc.’s 18 19 (“Netlist”) Motion for Leave to Filed Amended Stricken Affirmative Defenses. (ECF No. 188.) 20 Plaintiff and Counterclaim Defendant Smart Modular Technologies Inc. (“Smart Modular”) filed 21 a statement of non-opposition.1 (ECF No. 190.) The Court has reviewed the arguments raised in 22 Netlist’s motion and good cause appearing, hereby GRANTS Netlist’s Motion for Leave to File 23 Amended Stricken Affirmative Defenses (ECF No. 188). 24 25 IT IS SO ORDERED. Dated: October 10, 2017 Troy L. Nunley United States District Judge 26 27 28 1 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. 1

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