Crescent Point Energy Corp. v. Tachyus Corporation

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 CRESCENT POINT ENERGY CORP., Case No. 20-cv-06850-MMC

Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S v. MOTION TO DISMISS FIRST

AMENDED COMPLAINT; AFFORDING

TACHYUS CORPORATION, PLAINTIFF FURTHER LEAVE TO

AMEND

Defendant.

11 Before the Court is defendant Tachyus Corporation's ("Tachyus") Motion, filed June 9, 2021, "to Dismiss First Amended Complaint." Plaintiff Crescent Point Energy Corp. ("Crescent Point") has filed opposition, to which Tachyus has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND In its First Amended Complaint ("FAC"), Crescent Point alleges that it is an "oil producer" (see FAC ¶ 1), that Tachyus provides "software" services (see id.), and that, on January 12, 2018, Crescent Point and Tachyus entered into a written contract (hereinafter, "the…