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SEMICONDUCTOR EQUIPMENT AND MATERIALS INTERNATIONAL v. PEER GROUP INC., 15-cv-00866. (2015)

Court: District Court, N.D. California Number: infdco20150518731 Visitors: 8
Filed: May 14, 2015
Latest Update: May 14, 2015
Summary: [PROPOSED] ORDER YVONNE GONZALEZ ROGERS , District Judge . Having considered Plaintiff Semiconductor Equipment and Materials International's (SEMI) motion to strike Defendants' defenses (Document No. 27), and Defendants' statement of nonopposition, request for leave to amend, and request to vacate the hearing, it is hereby ORDERED that: (1) Defendants' first defense — failure to state a claim — is stricken without leave to amend; (2) Defendants' second defense — lack of subject matter
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[PROPOSED] ORDER

Having considered Plaintiff Semiconductor Equipment and Materials International's (SEMI) motion to strike Defendants' defenses (Document No. 27), and Defendants' statement of nonopposition, request for leave to amend, and request to vacate the hearing, it is hereby ORDERED that:

(1) Defendants' first defense — failure to state a claim — is stricken without leave to amend; (2) Defendants' second defense — lack of subject matter jurisdiction — is stricken with leave to amend; (3) Defendants' third defense — licensee estoppel — is stricken with leave to amend; (4) The hearing set for June 9, 2015 is vacated; and (5) Defendants are granted leave to amended their answer, which shall be filed and served within (14) days of the date of this Order.

IT IS SO ORDERED.

Source:  Leagle

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