Quantum Labs, Inc. v. Maxim Integrated Products Inc

I. INTRODUCTION

1 On December 19, 2018, Quantum filed this lawsuit, asserting 11 causes of action against 2 Maxim and Mr. Tonc Doluca, Maxim’s CEO. See ECF 1. Quantum alleges that Maxim deliberately 3 caused hazardous waste to be released incident to Maxim’s operations at a facility operated by 4 Quantum in San Jose, CA (the “Facility”). See generally SAC, ECF 56. On February 15, 2019, 5 Maxim and Mr. Doluca filed their first motion to dismiss, which the Court granted on April 22, 6 2019, with leave to amend in part and without leave to amend in part. ECF 35. On April 17, 2019, 7 the Court issued a Case Management Order that set, inter alia, a June 16, 2019 deadline to amend 8 pleading or add parties. See ECF 34. On May 1, 2019, Quantum, now joined by Simon Planck 9 (also known as Serban Porumbescu), the owner of the Facility, filed a First Amended Complaint 10 (“FAC”) asserting eight causes of action against Maxim and Mr. Doluca. See ECF 36. Pertinent to 11 this Motion, Mr. Planck brought fraud and waste claims against Maxim, while Quantum brought a 12 breach of contract claim against Maxim. See id. 13 On May 15, 2019, Maxim and Mr. Doluca filed a motion to dismiss…