ImprimisRx, LLC v. OSRX, Inc.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

9 IMPRIMISRX, LLC, Case No. 21-cv-01305-BAS-DDL Plaintiff,

ORDER GRANTING PLAINTIFF’S

v.

MOTION FOR LEAVE TO FILE

SECOND AMENDED COMPLAINT (ECF No. 67) OSRX, INC.; OCULAR SCIENCE, INC.,

Defendants.

Before the Court is Plaintiff’s motion for leave to file a second amended complaint. (Mot., ECF No. 67.) Defendants oppose (Opp’n, ECF No. 70), and Plaintiff replies (Reply, ECF No. 72). Having considered the parties’ filings, the Court GRANTS Plaintiff’s motion for leave to file a second amended complaint and finds good cause to amend the scheduling order. I. BACKGROUND On July 20, 2021, Plaintiff commenced this action and filed a Complaint alleging false advertising, trademark infringement, false designation of origin, common law unfair competition, copyright infringement, and violations of California’s Unfair Competition Law. (ECF No. 1.) Defendants answered on October 22, 2021 and counterclaimed against 28 …