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Labor: E.R.I.S.A. | California Central
Text Only Scheduling Notice
(IN CHAMBERS) ORDER by Judge Josephine L. Staton. The Court finds that the Motion for Default Judgment 42 set for hearing on July 17, 2026, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on this date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY
Defend Trade Secrets Act (of 2016) | Arizona
Order on Motion to Dismiss for Failure to State a Claim
ORDER granting in part and denying in part Defendant Apex Imaging Services Notice of Motion to Dismiss Plaintiffs' First Amended Complaint 79 . FURTHER ORDERED dismissing Counts One and Two against Apex to the extent they are based on a theory of direct liability. Where Counts One and Two against Apex are based on a theory of vicarious liability, those claims may proceed. FURTHER ORDERED dismissing Count Eight regarding Apex's alleged interference with Plaintiffs' customer relationships and inducement of Mr. Brosas breach of the non- solicitation clause of his contract. Where Count Eight is based on the inducement of Mr. Brosas breach of the non-recruitment clause or the confidentiality clause of his contract with Plaintiffs, the claim may proceed. FURTHER ORDERED dismissing Count Nine against Apex to the extent it is based on a theory of direct liability. Where Count Nine against Apex is based on atheory of vicarious liability, the claim may proceed. FURTHER ORDERED granting Plaintiffs leave to amend Counts One, Two and Nine to allege additional facts that support a theory of direct liability for misappropriation as to Apex, pursuant to the Court's admonition above. Should Plaintiffs choose to do so, Plaintiffs may file an amended complaint and a separate Notice of Filing Amended Complaint with an attached redlined copy showing the changes between the Complaint and the amendment no later than ten (10) days from the date of this Order. No new claims may be added to an amendment absent leave of court pursuant to Federal Rule of Civil Procedure 15 and Local Rule 15.1. To the extent Plaintiffs do not amend their pleading in the time prescribed, Apex shall answer the remaining claims set forth in the First Amended Complaint 74 no later than twenty-one (21) days from the date of this Order. Signed by Judge John J Tuchi on 7/13/2026. (REK)
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