Smart Modular Technologies, Inc. v. Netlist, Inc.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SMART MODULAR TECHNOLOGIES,
Plaintiff and Counterclaim
ORDER GRANTING DEFENDANT’S
MOTION TO AMEND STRICKEN
Defendant and Counterclaim
This matter is before the Court on Defendant and Counterclaim Plaintiff Netlist, Inc.’s
(“Netlist”) Motion for Leave to Filed Amended Stricken Affirmative Defenses. (ECF No. 188.)
Plaintiff and Counterclaim Defendant Smart Modular Technologies Inc. (“Smart Modular”) filed
a statement of non-opposition.1 (ECF No. 190.) The Court has reviewed the arguments raised in
Netlist’s motion and good cause appearing, hereby GRANTS Netlist’s Motion for Leave to File
Amended Stricken Affirmative Defenses (ECF No. 188).
IT IS SO ORDERED.
Dated: October 10, 2017
Troy L. Nunley
United States District Judge
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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