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`John P. Schnurer, Bar No. 185725
`JSchnurer@perkinscoie.com
`Yun (Louise) Lu, Bar No. 253114
`LLu@perkinscoie.com
`Kyle R. Canavera, Bar No. 314664
`KCanavera@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2080
`Telephone: 858.720.5700
`Facsimile: 858.720.5799
`Attorneys for Defendants
`TCT Mobile (US) Inc., Huizhou TCL Mobile
`Communication Co., Ltd., and Shenzhen TCL Creative
`Cloud Technology Co., Ltd.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`
`ANCORA TECHNOLOGIES, INC.,
`Plaintiff,
`
`vs.
`TCT MOBILE (US) INC., HUIZHOU
`TCL MOBILE COMMUNICATION
`CO., LTD., and SHENZHEN TCL
`CREATIVE CLOUD TECHNOLOGY
`CO., LTD.,
`
`Defendants.
`
`Case No. 8:19-cv-02192-GW-ASx
`(LEAD CASE)
`Case No. 2:20-cv-01252-GW-ASx
`(CONSOLIDATED CASE)
`DEFENDANTS’ MOTION TO
`DISMISS THE AMENDED
`COMPLAINT FOR FAILURE
`TO STATE A CLAIM
`Hearing Date: April 20, 2020
`Time: 8:30 AM
`Before: Hon. George H. Wu
`United States Courthouse
`Courtroom 9D, 9th Floor
`
`
`MOTION TO DISMISS
`AMENDED COMPLAINT
`
`
`
`
`Case No. 8:19-cv-0219-GW-ASx
`
`
`
`Case 8:19-cv-02192-GW-AS Document 37 Filed 03/20/20 Page 2 of 4 Page ID #:266
`
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`TO ALL INTERESTED PARTIES AND THEIR COUNSEL OF RECORD:
`PLEASE TAKE NOTICE that on April 20, 2020 at 8:30 AM, in Courtroom
`9D of the United States District Court for the Central District of California, located
`at 350 West First Street, Los Angeles, CA 90012, before the Honorable George H.
`Wu, defendants TCT Mobile (US) Inc., Huizhou TCL Mobile Communication Co.,
`Ltd., and Shenzhen TCL Creative Cloud Technology Co., Ltd. (collectively “TCL”)
`will and hereby do move the Court to dismiss plaintiff Ancora Technologies, Inc.’s
`(“Ancora”) Amended Complaint (Dkt. No. 24) pursuant to Federal Rule of Civil
`Procedure 12(b)(6) because the Amended Complaint (Dkt. No. 24) fails to state a
`plausible claim for relief as required by Federal Rules of Civil Procedure 8(a) and
`12(b)(6). TCL’s Motion is made following the conference of counsel pursuant to
`L.R. 7-3 which took place on March 13, 2020.
`TCL notices this motion, and the above-identified hearing date/time, pursuant
`to L.R. 6-1 and presiding Judge Wu’s law and motion schedule. However, TCL notes
`that the noticed hearing date/time falls within the current timeframe subject to Order
`of the Chief Judge 20-042 (“Order 20-042”), under which this hearing would not be
`permitted to occur in person. Nonetheless, because Order 20-042 does not appear to
`have suspended the requirements of L.R. 6-1, TCL files this Notice per the local rule
`and will seek guidance from the Court as the hearing date approaches if Order 20-
`042 remains in effect.
`TCL’s Motion is based on this Notice, the attached Memorandum of Points
`and Authorities, the pleadings and papers on file in this action, and upon such
`evidence and argument that the Court may otherwise consider.
`
`
`MOTION TO DISMISS
`AMENDED COMPLAINT
`
`
`-1-
`
`Case No. 8:19-cv-0219-GW-ASx
`
`
`
`Case 8:19-cv-02192-GW-AS Document 37 Filed 03/20/20 Page 3 of 4 Page ID #:267
`
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`Dated: March 20, 2020
`
`Respectfully submitted,
`/s/ Kyle R. Canavera
`John P. Schnurer, Bar No. 185725
`JSchnurer@perkinscoie.com
`Yun (Louise) Lu, Bar No. 253114
`LLu@perkinscoie.com
`Kyle R. Canavera, CA Bar No. 314664
`KCanavera@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2080
`Tel.: 858.720.5700
`Fax.: 858.720.5799
`
`Attorneys for Defendants
`TCT Mobile (US) Inc., Huizhou TCL Mobile
`Communication Co., Ltd., and Shenzhen TCL
`Creative Cloud Technology Co., Ltd.
`
`MOTION TO DISMISS
`AMENDED COMPLAINT
`
`
`-2-
`
`Case No. 8:19-cv-0219-GW-ASx
`
`
`
`Case 8:19-cv-02192-GW-AS Document 37 Filed 03/20/20 Page 4 of 4 Page ID #:268
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that counsel of record who are deemed to
`
`have consented to electronic services are being served with a copy of this document
`
`via the Court’s CM/ECF system per Local Rule CV-5(b)(1) on March 20, 2020.
`
`By: /s/ Kyle R. Canavera
`Kyke R. Canavera
`
`
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`CERTIFICATE OF SERVICE
`
`
`-1-
`
`Case No. 8:19-cv-0219-GW-ASx
`
`
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