Factory Technologies, Inc. v. Neil Jones Foods Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FACTORY TECHNOLOGIES, INC., Case No. 21-cv-09885-WHO
Plaintiff, ORDER GRANTING DEFENDANT'S v. MOTION TO AMEND
COUNTERCLAIM
NEIL JONES FOODS COMPANY, et al., Re: Dkt. Nos. 95, 109 Defendants.
12 Defendant Neil Jones Foods Company (“NJFC”) moves for leave to file a first amended counterclaim against Plaintiff/Counter-Defendant Factory Technologies, Inc. (“FTI”) (Dkt. No. 95) to address arguments made in FTI’s pending Motion for Summary Judgment (Dkt. No. 72). Specifically, NJFC seeks to show that a particular purchase order attached as an exhibit to its counterclaim—Purchase Order 146524, Revision 10—is not a “fabricated” document, contrary to FTI’s assertion. FTI responds that the motion is unduly delayed, in bad faith, driven by dilatory motive, futile, and that granting it would cause FTI to be prejudiced. I disagree on all fronts. This matter is suitable for disposition on the papers, and the hearing set for December 6, 2023, is VACATED. …