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

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DENYING

v. PLAINTIFF’S MOTION TO DISMISS

DEFENDANT’S COUNTERCLAIMS AND

PIV ENTERPRISES, INC., FIRST AFFIRMATIVE DEFENSE FOR

FAILURE TO MEET AND CONFER

Defendant. (ECF No. 20)

OBJECTIONS DUE WITHIN FOURTEEN

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