Cain

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID W. CAIN, an individual, Case No. 1:23-cv-01249-JLT-CDB Plaintiff, ORDER DENYING MOTION FOR

SUR-REPLY AND GRANTING IN PART

v. AND DENYING IN PART IFG’S MOTION

TO DISMISS

INTERNATIONAL FRUIT GENETICS, LLC, a California Limited Liability (Doc. 36) Company, Defendant. 17 I. INTRODUCTION Before the Court is Defendant Close Demeter LLC, formerly known as International Fruit Genetics, LLC’s (“IFG”) motion to dismiss Plaintiff David Cain’s first amended complaint. (Doc. 36.) For the reasons set forth below, the Court grants in part and denies in part IFG’s motion. II. BACKGROUND Dr. Cain spent approximately twenty years as a plant geneticist at IFG developing fruit varietals. (Doc. 34, ¶ 2.) Dr. Cain had no ownership interest in IFG but received yearly royalty payments for the table grape varieties he developed for IFG. (Docs. 34, ¶ 3; 36-1 at 6.) In March 2022,…