Cleveland v. Ludwig Institute for Cancer Research Ltd.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 DON CLEVLAND, et al., Case No.: 21cv871 JM (JLB) Plaintiffs,

ORDER ON MOTION TO DISMISS

v.

LUDWIG INSTITUTE FOR CANCER

RESEARCH LTD.,

15 Defendant.

18 Presently before the court is the Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6) filed by Defendant Ludwig Institute for Cancer Research Ltd. (Doc. No. 14). Pursuant to Local Rule 7.1(d)(1), the court finds the matters presented appropriate for resolution without oral argument. Having considered the Parties’ arguments, the evidence, and the law, the court rules as follows. /// /// /// /// /// BACKGROUND I. Factual Background1 The instant case arises from Defendant’s employment of Plaintiffs Don Cleveland, Arshad Desai, Richard Kolodner, Paul Mischel, Karen Oegema, and Bing Ren at Defendant’s research branch (“San Diego Branch”) at the University of California, San Diego (“UCSD”) and Defendant’s…