Gaby's Bags, LLC v. Mercari, Inc.
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. …