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17-3488 - Miller v. Amazon.com, LLC


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17-3488 - Miller v. Amazon.com, LLC
March 29, 2018
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS; AFFORDING PLAINTIFF LEAVE TO AMEND; DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION TO STRIKE; CONTINUING CASE MANAGEMENT CONFERENCE. Amazon's motion to dismiss is granted in part and denied in part, as follows: The First through Fourth, Seventh, and Eighth Causes of Action are dismissed in their entirety; The Sixth Cause of Action is dismissed to the extent it is based on the First through Fourth Causes of Action; The Ninth Cause of Action is dismissed to the extent it is based on the First through Fourth, Seventh and Eighth Causes of Action, and to the extent it is based on the portion of the Sixth Cause of Action that is subject to dismissal; In all other respects, the motion is denied. Plaintiff's request for leave to amend is granted, and plaintiff shall file a Third Amended Complaint no later than April 27, 2018; if plaintiff does not file a Third Amended Complaint within the time provided, the instant action will proceed on the remaining claims in the SAC. Amazon's motion to strike is denied without prejudice. The Case Management Conference is continued from April 27, 2018, to June 29, 2018, at 10:30 a.m.; a Joint Case Management Statement shall be filed no later than June 22, 2018. Signed by Judge Maxine M. Chesney on March 29, 2018. (mmclc1, COURT STAFF) (Filed on 3/29/2018)