The opinion of the court was delivered by: The Honorable Christina A. Snyder
CATHERINE JEANG NOT PRESENT N/A
Deputy Clerk Court Reporter / Recorder Tape No.
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: (In Chambers:) SILVERLIT TOYS MANUFACTORY LTD;
ET AL.'S MOTION FOR LEAVE (1) TO MODIFY SCHEDULING ORDER & (2) TO AMEND COMPLAINT (filed 07/20/10)
The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of August 16, 2010, is hereby vacated, and the matter is hereby taken under submission.
INTRODUCTION AND BACKGROUND
On August 7, 2009, plaintiffs Silverlit Toys Manufactory Ltd. ("Silverlit") and Spin Master Ltd. ("Spin Master") filed the instant suit against defendants Ecoman Corporation and Randy Cheng for copyright infringement and contributory copyright infringement under 17 U.S.C. §§ 101, et seq. Plaintiffs allege that defendants are wrongfully capitalizing on the success of plaintiffs' "Air Hog Havoc Heli" remote control toy helicopter by willfully misappropriating plaintiffs' intellectual property rights. Mot.
On December 7, 2009, the Court entered a pretrial scheduling order setting the deadline to amend the pleadings for February 1, 2010. On January 11, 2010, plaintiffs sought leave to file an amended complaint pursuant to Fed. R. Civ. P. 15 in order to add two patent infringement claims. On February 8, 2010, the Court granted plaintiffs' motion to file an amended complaint.
On May 10, 2010, Your Store Online ("YSO"), defendant in Spin Master Ltd., et al. v. Your Store Online, Case No. 09-2121 CAS (Jcx), filed a motion to consolidate its case with the instant action. YSO argued that the two actions should be consolidated because both actions involve the same plaintiffs and involve the assertion that defendants infringed the same two helicopter utility patents. Mot. at 4-5. On May 28, 2010, the Court granted YSO's motion to consolidate its case with the instant action for all purposes except trial.
On July 19, 2010, plaintiffs filed the instant motion to modify the scheduling order and for leave to file a third amended complaint ("TAC"). On July 26, 2010, defendants filed an opposition. After carefully considering the arguments set ...