Gatan, Inc. v. Nion Company

Northern District of California, cand-4:2015-cv-01862

ORDER granting motion to dismiss. Signed by Judge Hamilton on 11/18/2015. (pjhlc2, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GATAN, INC., Case No. 15-cv-1862-PJH 8 Plaintiff, 9 v. ORDER GRANTING MOTION TO DISMISS 10 NION COMPANY, 11 Defendant. 12 Northern District of California United States District Court 13 14 Defendant's motion to dismiss came on for hearing before this court on November 15 18, 2015. Plaintiff Gatan, Inc. ("plaintiff") appeared through its counsel, William Goines. 16 Defendant Nion Company ("defendant") appeared through its counsel, Alfred Pfeiffer. 17 Having read the papers filed in conjunction with the motion and carefully considered the 18 arguments and the relevant legal authority, and good cause appearing, the court hereby 19 GRANTS defendant's motion, with leave to amend, as stated at the hearing and as 20 follows. 21 As to the first cause of action, plaintiff concedes that the non-competition provision 22 of paragraph 16 is unenforceable unless one of the exceptions to California Business & 23 Professions Code section 16600 applies. Plaintiff further asserts that the only applicable 24 exception is for "trade secrets." The second amended complaint ("SAC") must plead 25 facts supporting the application of a "trade secrets" exception. 26 As to the second cause of action, the SAC must clearly identify all alleged conduct 27 giving rise to the alleged breach of the implied duty. 28 And as to the third cause of action, the SAC must clearly identify the nature of the 1 scovery (or discoveries dis s) made by defendant, and must allege thatt a license w was both 2 req quested and d refused. 3 Plaintifff shall have e until Dece ember 16, 2015 to file e a second amended ccomplaint in n 4 acc cordance with w this ord all have 21 days there der, and deffendant sha eafter to ansswer or 5 oth herwise res spond to the e complaintt. No new cclaims or pa arties may be added w without 6 lea ave of courtt or the consent of all parties. p If d defendant ffiles anothe er motion to o dismiss in 7 res sponse to th he SAC, it should s be noticed n for h hearing as required byy the Local Rules, but 8 the e court is un nlikely to ho old a further hearing. 9 IT IS SO S ORDER RED. 10 Da ated: November 18, 20 015 11 __ __________ __________ __________ _______ PH HYLLIS J. HHAMILTON 12 Northern District of California Un nited Statess District Ju udge United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2