Driscoll's, Inc. v. California Berry Cultivars, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DRISCOLL’S, INC., and DRISCOLL’S No. 2:19-cv-00493-TLN-CKD

OF EUROPE B.V.,

12 Plaintiffs, ORDER v.

CALIFORNIA BERRY CULTIVARS,

LLC, and DOUGLAS SHAW, Defendants. 17 This matter is before the Court on Plaintiffs Driscoll’s, Inc. and Driscoll’s of Europe B.V.’s (collectively, “Driscoll’s”1) Motion for Leave to Amend. (ECF No. 96.) Defendants California Berry Cultivars, LLC (“CBC”) and Douglas Shaw (“Shaw”) (collectively, “Defendants”) filed an opposition. (ECF No. 106.) Driscoll’s filed a reply. (ECF No. 111.) For the reasons set forth below, the Court DENIES Driscoll’s motion. /// /// ///

The singular “Driscoll’s” is how Plaintiffs Driscoll’s, Inc. and Driscoll’s of Europe B.V. refer to themselves in the Second Amended Complaint, and the Court refers to them the same here. I. FACTUAL AND PROCEDURAL BACKGROUND Driscoll’s holds various strawberry patents and alleges Defendants infringed on several of these…