Jaber v. BPI Sports LLC et al

Filing 39

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS; LIFTING DISCOVERY STAY. Signed by Judge Maxine M. Chesney on 01/20/17. (mmclc2, COURT STAFF) (Filed on 1/20/2017)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 NICHOLAS JABER, Plaintiff, 8 v. 9 10 BPI SPORTS LLC, et al., Defendants. 11 United States District Court Northern District of California Case No. 16-cv-05355-MMC ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS; LIFTING DISCOVERY STAY Re: Dkt. No. 17, 36 12 13 Before the Court is defendants BPI Sports, LLC, Image Sports, LLC, and Be 14 Powerful, LLC’s “Motion to Dismiss the Complaint,” filed November 21, 2016. Plaintiff 15 Nicholas Jaber has filed opposition, to which defendants have replied. The matter came 16 on regularly for hearing on January 20, 2017. Paul Kenneth Joseph of The Law Office of 17 Paul K. Joseph, PC appeared on behalf of plaintiff. Matthew M. Gurvitz of Venable LLP 18 appeared on behalf of defendants. 19 20 21 For the reasons stated on the record at the hearing, the motion is hereby GRANTED in part and DENIED in part as follows: 1. To the extent the motion seeks dismissal of plaintiff’s prayer for injunctive relief, the motion is GRANTED. 22 23 2. In all other respects, the motion is DENIED. 24 In light of the above, the discovery stay issued December 16, 2016, is hereby 25 26 27 28 LIFTED. IT IS SO ORDERED. Dated: January 20, 2017 MAXINE M. CHESNEY United States District Judge

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