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ELIAS v. HEWLETT-PACKARD CO.

Case No. 12-CV-00421-LHK.

950 F.Supp.2d 1123 (2013)

David ELIAS, individually and on behalf of all others similarly situated and the general public, Plaintiff, v. HEWLETT-PACKARD COMPANY, Defendant.

United States District Court, N.D. California, San Jose Division.

June 21, 2013.

Attorney(s) appearing for the Case

Adam Gutride , Kristen Gelinas Simplicio , Seth Adam Safier , Todd Michael Kennedy , Gutride Safier LLP, San Francisco, CA, for Plaintiff.

Brandon S. Dimond , Samuel G. Liversidge , Timothy William Loose , Gibson Dunn & Crutcher LLP, Los Angeles, CA, for Defendant.

ORDER GRANTING-IN-PART, DENYING-IN-PART MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT

LUCY H. KOH, District Judge.

Hewlett-Packard Co. ("Defendant" or "HP") moves to dismiss Plaintiff David Elias's Second Amended Complaint based on Federal Rules of Civil Procedure 12(b)(6) and 9(b). The Court found the motion to be appropriate for disposition without oral argument pursuant to Civil Local Rule 7-1(b), and vacated the hearing set for May 9, 2013....

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