Mike's Novelties, Inc. v. PIV Enterprises, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
8 EASTERN DISTRICT OF CALIFORNIA 10 MIKE'S NOVELTIES, INC., Case No. 1:23-cv-01309-JLT-SAB 11 Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING GRANTING v. PLAINTIFF’S MOTION TO DISMISS DEFENDANT’S COUNTERCLAIMS WITH
PIV ENTERPRISES, INC., LEAVE TO AMEND
14 Defendant. (ECF Nos. 8, 13, 14)
OBJECTIONS DUE WITHIN FOURTEEN
DAYS
17 I. INTRODUCTION Currently before the Court is Plaintiff Mike’s Novelties, Inc.’s motion to dismiss Defendant PIV Enterprises, Inc.’s first and second counterclaims in its first amended countercomplaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Based on the moving, opposition, and reply papers, the information presented by counsel at the hearing held on January 17, 2024, and the Court’s record, the Court recommends granting Plaintiff’s motion to dismiss with leave to amend. 26 …