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Pacer- e.DIGITAL v. IBABY Labs -Notice of Motion to Dismiss Case No. 3:15
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION e.Digital Corporation, Plaintiff, v. IBABY Labs, Inc. (dba iBaby), Defendant.
Case No. 3:15-cv-05790-JST DEFENDANT IBABY LABS INC.’S NOTICE OF MOTION AND MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (F. R. Civ. P. 12(b)(6)) Assigned to Judge Jon S. Tigar Date: March 31, 2016 Time: 2:00 p.m. Place: Courtroom 9 19th Floor 450 Golden Gate Avenue San Francisco, California Case 3:15-cv-05790-JST Document 23 Filed 03/01/16 Page 1 of 3 Defendant IBABY Labs Inc.’s e.Digital Corporation v. IBABY Labs Inc. Notice of Motion to Dismiss Case No. 3:15-cv-05790-JST
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on March 31, 2016 at 2:00 p.m. or as soon thereafter as the matter can be heard, in Courtroom 9, 19th Floor, United States District Court for the Northern District of California, San Francisco Division, located at 450 Golden Gate Avenue, San Francisco, California, Defendant iBaby Labs, Inc. will, and hereby does, move to dismiss the First Amended Complaint of Plaintiff e.Digitial Corporation, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, on the ground that the First Amended Complaint fails to state a claim upon which relief can be granted. This motion is based on the First Amended Complaint on file in this matter, as well as the Exhibits thereto, this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the further briefing and arguments of counsel, and such further matters as may be presented to the Court. DATED: March 1, 2016 By: /s/ Alexander Chen Alexander Chen, Esq. Email: alexc@inhouseco.com InHouse Co. 7700 Irvine Center Drive, Suite 800 Irvine, CA 92618 Tel: (949) 250-1555 Fax: (714) 882-7770 Attorneys for Defendant, iBaby Labs, Inc.