Rosado v. eBay Inc.

Filing 58

Order denying 42 Motion to Dismiss; granting Motion for Leave to Amend Pleadings. Within 21 days from the date of this Order, Plaintiff must file an amended complaint. The hearing set for September 13, 2013 is VACATED. Signed by Hon. Edward J. Davila on 9/10/2013.(ejdlc3, COURT STAFF) (Filed on 9/10/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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LUIS ROSADO, individually, and on behalf of )
other members of the general public similarly
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situated,
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Plaintiff,
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v.
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EBAY INC.,
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Defendant.
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Case No.: 5:12-CV-04005-EJD
ORDER DENYING MOTION TO
DISMISS; GRANTING MOTION FOR
LEAVE TO AMEND PLEADINGS

[Re: Docket Item Nos. 42, 47]

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On July 30, 2012 Plaintiff Luis Rosado (“Rosado”) filed this class action. See Docket Item
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No. 1. Presently before this court is Defendant eBay Inc.’s (“eBay”) Motion to Dismiss Plaintiff’s
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First Amended Complaint. See Docket Item No. 42.
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On October 20, 2012 Defendant eBay Inc. (“eBay”) filed a motion to dismiss. See Docket
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Item No. 20. On December 17, 2012 the Court granted the parties’ Stipulation to Amend
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Plaintiff’s Complaint. See Docket Item No. 38. Plaintiff filed his First Amended Complaint
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(“FAC”) on December 28, 2012. See Docket Item No. 41. Defendant filed this present Motion to
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Dismiss Plaintiff’s FAC on January 31, 2013. See Docket Item No. 42. Plaintiff filed his
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opposition to Defendant’s Motion to Dismiss, requesting leave to amend the FAC. See Docket
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Item No. 47.
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Case No.: 5:12-CV-04005-EJD
ORDER DENYING MOTION TO DISMISS; GRANTING MOTION FOR LEAVE TO AMEND
PLEADINGS