Quince & Co LLC v. Last Brand, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 QUINCE & CO LLC, Case No. 23-cv-06016-AMO
Plaintiff,
ORDER DENYING ADMINISTRATIVE
v. MOTION RE: SUPPLEMENTAL
EVIDENCE
LAST BRAND, INC., Re: Dkt. No. 48 Defendant.
12 Before the Court is Plaintiff Quince & Co LLC’s administrative motion for leave to file supplemental evidence in support of its motion for preliminary injunction. Plaintiff seeks to submit additional evidence related to Defendant’s food and beverage partnerships that its counsel did not discover until after the close of briefing on the motion for preliminary injunction. “Evidence is not ‘newly discovered’ if it . . . could have been discovered with reasonable diligence.” Coastal Transfer Co. v. Toyota Motor Sales, U.S.A., 833 F.2d 208, 212 (9th Cir. 1987); see also Best Label Co. v. Custom Label & Decal, LLC, 2022 WL 1189884, at *7 n.14 (N.D. Cal. Apr. 20, 2022) (“All of the evidence plaintiff seeks to submit in the supplemental record was available to plaintiff when it…