Gaby's Bags, LLC v. Mercari, Inc.

Good Law
United States District Court, Northern District of CaliforniaDecember 25, 20203:20-cv-00734California5,884 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GABY’S BAGS, LLC, Plaintiff, No. C 20-00734 WHA

v.

MERCARI, INC., ORDER RE MOTION TO AMEND

COMPLAINT; MOTION TO AMEND

Defendant.

SCHEDULING ORDER; AND

MOTION FOR COSTS AND FEES OF

SERVICE

16 INTRODUCTION In this false advertising action, plaintiff LLC moves for leave to amend its complaint. The individual counterdefendants move to amend the case management order, and defendant brings a Rule 4(d)(2) motion for its costs and attorney’s fees associated with serving the individual counterdefendants for an alleged failure to waive service. To the extent stated herein, defendant’s Rule 4(d)(2) motion is DENIED because it failed to properly request waiver of service under Rule 4(d)(1), the individual counterdefendants’ motion to amend the scheduling order is DENIED for lack of good cause, and plaintiff LLC’s motion for leave to amend is GRANTED IN PART AND DENIED IN PART. …

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