In re TFT-LCD

Good Law

37 F. Supp. 3d 1102·2014 WL 1379204·2014 U.S. Dist. LEXIS 50527

United States District Court, Northern District of CaliforniaApril 8, 2014No. M 07-1827 SI; MDL No. 1827; No. C 13-3349 SICalifornia2,506 words

Opinion

Lead Opinion

Illston, J.

*1104 ORDER RE MOTION TO DISMISS

Currently before the Court is defendants’ motion to dismiss plaintiffs’ first amended complaint. Pursuant to Civil Local Rule 7 — 1(b),' the Court determines that this matter is appropriate for resolution without oral argument and VACATES the hearing scheduled for April 18, 2014. For the reasons set forth below, the Court GRANTS IN PART AND DENIES IN PART the motion to dismiss. Any amended complaint must be filed not later than May 9,2014.

BACKGROUND

The following facts are drawn from the operative complaint and are assumed to be true for purposes of this motion. Plaintiff Acer America Corporation (“Acer”) is a California corporation with its principal place of business in San Jose, California. Am. Compl. ¶ 21. Plaintiff Gateway, Inc., (“Gateway”), a subsidiary of Acer, is a Delaware corporation with its principal place of business in Irvine, California. Id. ¶22. Plaintiff Gateway U.S. Retail, successor-in-interest to eMachines (“eMa-chines”) and a wholly owned subsidiary of Gateway, is a Delaware corporation with its principal place of business in Irvine, California. Id. ¶ 23. On July 18, 2013, plaintiffs filed this action, seeking to recover…

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