Stephen D. Healy v. Qognify, Inc.

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7 United States District Court 8 Central District of California 9 10 11 STEPHEN D. HEALY, Case № 2:18-cv-06318-ODW (MRW) 12 Plaintiff, ORDER DENYING DEFENDANT’S

MOTION TO DISMISS [35]

13 v. 14 QOGNIFY, INC., 15 Defendant. 16 I. INTRODUCTION 17 Presently before the Court is Defendant Qognify, Inc.’s (“Qognify”) Motion to 18 Dismiss (“Motion”) Plaintiff Stephen D. Healy’s (“Healy”) Third Amended 19 Complaint (“TAC”) for Lack of Subject Matter Jurisdiction and Failure to State a 20 Claim. (Mot. to Dismiss (“Mot.”), ECF No. 35.) For reasons that follow, Qognify’s 21 Motion is DENIED.1 22 II. BACKGROUND 23 The Court incorporates by reference the thorough description of the background 24 facts of this case contained in the Court’s earlier Order granting in part and denying in 25 part the motion to dismiss the First Amended Complaint (“FAC”). (Order, ECF 26 27 1 After carefully considering the papers filed in support of and in opposition to the Motion, the Court 28 deemed the matter appropriate for decision without oral…