Champion Laboratories, Inc. v. Parker-Hannifin Corp et al
Filing
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ORDER Dismissing Counts 1-4 of Plaintiff's Complaint, signed by Judge Oliver W. Wanger on 5/27/2011. (Gaumnitz, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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CHAMPION LABORATORIES, INC.,
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Plaintiff,
v.
Case No. 1:10-CV-02371 OWW -DLB
Hon. Oliver W. Wanger
PARKER-HANNIFIN CORPORATION and
PARKER INTANGIBLES LLC,
ORDER DISMISSING COUNTS 1-4 OF
PLAINTIFF’S COMPLAINT
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Defendants.
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Upon Consideration of Defendants Parker-Hannifin Corporation and Parker Intangibles
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LLC’s Motion to Dismiss, Plaintiff Champion Laboratories, Inc.’s Opposition to Motion to
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Dismiss, Defendants’ Reply in Support of Their Motion to Dismiss, and argument thereupon, this
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Court issued a Memorandum Opinion on May 17, 2011, dismissing Plaintiff’s false marking
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claims, Lanham Act claim, and California Business & Professions Code Section 17200 claim
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against Defendants (Doc. 42).
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IT IS HEREBY ORDERED that Plaintiff’s false marking claims (Counts 1 and 2 of
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Plaintiff’s Complaint) are DISMISSED WITH PREJUDICE; Plaintiff’s Lanham Act claim (Count
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3 of Plaintiff’s Complaint) is DISMISSED WITHOUT PREJUDICE; and Plaintiff’s claim under
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California Business & Professions Code Section 17200 (Count 4 of Plaintiff’s Complaint) is
ORDER DISMISSING COUNTS 1-4 OF PLAINTIFF’S COMPLAINT
Case No. 1:10-CV-02371 OWW –DLB
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DISMISSED WITHOUT PREJUDICE. Any amended complaint shall be filed by June 6, 2011,
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and Defendants shall have twenty (20) days to respond to any amended complaint.
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IT IS SO ORDERED.
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Dated: May 27, 2011
/s/ OLIVER W. WANGER
United States District Court Judge
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ORDER DISMISSING COUNTS 1-4 OF PLAINTIFF’S COMPLAINT
Case No. 1:10-CV-02371 OWW –DLB
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