Choose Energy, Inc. v. American Petroleum Institute

Filing 66

ORDER DENYING-AS-MOOT LEAVE TO AMEND STATE LAW CLAIMS re 64 , 65 Signed by Judge Paul S. Grewal on May 1, 2015 (psglc2, COURT STAFF) (Filed on 5/1/2015)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11

CHOOSE ENERGY, INC.,
Plaintiff,

12
v.

13
14

AMERICAN PETROLEUM INSTITUTE,
Defendant.

15
16
17

)
)
)
)
)
)
)
)
)
)

Case No. 5:14-cv-04557-PSG
ORDER DENYING-AS-MOOT
LEAVE TO AMEND STATE LAW
CLAIMS
(Re: Docket Nos. 64, 65)

Last month, this court granted Defendant American Petroleum Institute’s motion to dismiss
and motion to strike. 1 The court further granted Plaintiff Choose Energy, Inc. leave to amend its

18
federal Lanham Act claims. But with questions as to whether leave to amend is appropriate after
19
20

an anti-SLAPP motion to strike is granted in light of Fed. R. Civ. P. 15(a)’s liberal approach to

21

amendment, the court ordered the parties to further brief the issue. In light of Choose Energy’s

22

representation that it does not seek to amend its state law claims, the inquiry is no longer necessary.

23
24
25

The court DENIES-AS-MOOT leave to amend the state law claims. Choose Energy shall
file any amended complaint within seven days. To accommodate any Choose Energy amended
pleading, the court reschedules the initial case management conference to May 19, 2015 at

26
10:00 AM.
27
28

1

See Docket No. 63.

1
Case No. 5:14-cv-04557-PSG
ORDER DENYING-AS-MOOT LEAVE TO AMEND STATE LAW CLAIMS