Reznik v. International Business Machines Corporation

Northern District of California, cand-4:2015-cv-02419

ORDER by Judge Yvonne Gonzalez Rogers granting {{8}} Motion to Dismiss with Leave to Amend. The hearing set for July 14, 2015 is VACATED.

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 YAKOV REZNIK, 5 Case No. 15-cv-02419-YGR Plaintiff, 6 v. ORDER GRANTING MOTION TO DISMISS 7 WITH LEAVE TO AMEND INTERNATIONAL BUSINESS MACHINES 8 CORPORATION, Re: Dkt. No. 8 9 Defendant. 10 On June 8, 2015, defendant filed a motion to dismiss or, in the alternative, to strike the 11 plaintiff's complaint. (Dkt. No. 8.) In opposition thereto, the plaintiff acknowledged that he 12 "could certainly add more facts if the Court deems that appropriate" and noted that his counsel Northern District of California United States District Court 13 was in the process of meeting and conferring with the defendant "regarding narrowing or 14 eliminating entirely all issues raised by Defendants [sic] by way of an amendment to the 15 Complaint to avoid unneeded motion practice before this Court." (Dkt. No. 15 at 7, 11.)1 In light 16 of these apparent concessions by the plaintiff that at least some of the defendant's arguments have 17 merit, and his intention to attempt to remedy the purported insufficiencies such that "all issues" 18 raised in the present motion might no longer be in dispute after a First Amended Complaint 19 ("FAC") is filed, the Court GRANTS the motion and DISMISSES the complaint WITH LEAVE TO 20 AMEND. Plaintiff shall file an FAC within thirty (30) days of the date of this Order. 21 IT IS SO ORDERED. 22 Dated: July 10, 2015 23 ______________________________________ YVONNE GONZALEZ ROGERS 24 UNITED STATES DISTRICT COURT JUDGE 25 26 1 The Court has determined that the motion is appropriate for decision without oral 27 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 28 Cir. 1991). Accordingly, the hearing set for July 14, 2015 is VACATED.