Reznik v. International Business Machines Corporation

Filing 19

ORDER by Judge Yvonne Gonzalez Rogers granting 8 Motion to Dismiss with Leave to Amend. The hearing set for July 14, 2015 is VACATED. (fs, COURT STAFF) (Filed on 7/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YAKOV REZNIK,

Case No. 15-cv-02419-YGR

Plaintiff,
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v.
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INTERNATIONAL BUSINESS MACHINES
CORPORATION,

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ORDER GRANTING MOTION TO DISMISS
WITH LEAVE TO AMEND

Defendant.

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Re: Dkt. No. 8

On June 8, 2015, defendant filed a motion to dismiss or, in the alternative, to strike the

United States District Court
Northern District of California

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plaintiff’s complaint. (Dkt. No. 8.) In opposition thereto, the plaintiff acknowledged that he

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“could certainly add more facts if the Court deems that appropriate” and noted that his counsel

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was in the process of meeting and conferring with the defendant “regarding narrowing or

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eliminating entirely all issues raised by Defendants [sic] by way of an amendment to the

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Complaint to avoid unneeded motion practice before this Court.” (Dkt. No. 15 at 7, 11.)1 In light

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of these apparent concessions by the plaintiff that at least some of the defendant’s arguments have

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merit, and his intention to attempt to remedy the purported insufficiencies such that “all issues”

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raised in the present motion might no longer be in dispute after a First Amended Complaint

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(“FAC”) is filed, the Court GRANTS the motion and DISMISSES the complaint WITH LEAVE TO

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AMEND. Plaintiff shall file an FAC within thirty (30) days of the date of this Order.

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IT IS SO ORDERED.
Dated: July 10, 2015
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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The Court has determined that the motion is appropriate for decision without oral
argument, as permitted by Civil Local Rule 7-1(b) and Federal Rule of Civil Procedure 78. See
also Lake at Las Vegas Investors Group, Inc. v. Pacific Malibu Dev. Corp., 933 F.2d 724, 729 (9th
Cir. 1991). Accordingly, the hearing set for July 14, 2015 is VACATED.