Mike's Novelties, Inc. v. PIV Enterprises, Inc.

1

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

11 MIKE'S NOVELTIES, INC., Case No. 1:23-cv-01309-JLT-SAB

12 Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DENYING

13 v. PLAINTIFF’S MOTION TO DISMISS

DEFENDANT’S COUNTERCLAIMS AND

14 PIV ENTERPRISES, INC., FIRST AFFIRMATIVE DEFENSE FOR

FAILURE TO MEET AND CONFER

15 Defendant. (ECF No. 20) 16

OBJECTIONS DUE WITHIN FOURTEEN

17 DAYS 18 I. 19 INTRODUCTION 20 On April 16, 2024, Plaintiff Mike’s Novelties, Inc. (“MNI”) filed a motion to dismiss 21 Defendant PIV Enterprises, Inc.’s (“PIV”) first affirmative defense and first and second 22 counterclaims in its second amended answer and counterclaims (“SAAC”) pursuant to Federal 23 Rule of Civil Procedure 12(b)(6). The Court recommends MNI’s motion to dismiss be denied 24 for failure to meet and confer as required by the Court’s Standing Order. 25 II. 26 BACKGROUND 27 On…