Driscoll's, Inc. v. California Berry Cultivars, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DRISCOLL’S INC. and DRISCOLL’S OF
EUROPE B.V.,
No. 2:19-cv-00493-TLN-CKD Plaintiffs, 13 v. ORDER
CALIFORNIA BERRY CULTIVARS,
15 LLC and DOUGLAS SHAW, 16 Defendants,
17 This matter is before the Court on Defendants California Berry Cultivars, LLC (“CBC”) and Douglas Shaw’s (“Shaw”) (collectively, “Defendants”) Motion to Dismiss. (ECF No. 60.) Plaintiff’s Driscoll’s Inc. and Driscoll’s of Europe B.V. (collectively, “Driscoll’s”1) filed an opposition. (ECF No. 61.) Defendants filed a reply. (ECF No. 63.) For the reasons set forth below, the Court GRANTS Defendants’ Motion to Dismiss with leave to amend. (ECF No. 60.) /// /// ///
The singular “Driscoll’s” is how Plaintiffs Driscoll’s Inc. and Driscoll’s of Europe B.V. refer to themselves in their Second Amended Complaint (“SAC”) and the Court refers to them the same here. I. FACTUAL AND PROCEDURAL BACKGROUND Driscoll’s holds various strawberry patents and…