Halo Lifestyle LLC v. Halo Farm, Inc., No. 1:2018cv09459 - Document 32 (S.D.N.Y. 2019)
Court Description: OPINION & ORDER re: 19 MOTION to Dismiss First Amended Complaint filed by Halo Farm, Inc. For the foregoing reasons, the Court finds that no actual case or controversy exists in this case to establish declaratory jurisdiction unde r the DJA. Accordingly, the Court grants Halo Farm's motion to dismiss, without prejudice. The Court respectfully requests that the Clerk of Court terminate the motion pending at Dkt. 19 and close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/16/2019) (anc) Transmission to Orders and Judgments Clerk for processing.
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Halo Lifestyle LLC v. Halo Farm, Inc. Doc. 32 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDCSDNY DOCUMENT ELECTRONICALLY FILED DOC#:------DATE FILED: fjo /J, HALO LIFESTYLE LLC, -v- Plaintif, 18 Civ. 9459 (PAE) OPINION & ORDER HALO FARM, INC., Deendant. PAUL A. ENGELMAYER, District Judge: Plaintif Halo Liestyle LLC ("Halo Liestyle"), a New York limited liability company, brings this action, seeking a declaratory judgment, pursuant to 28 U.S.C. ยงยง 2201(a) and 2202, that (1) its HALO SPORT Mark does not inringe or violate deendant's HALO FARM Marks and (2) it may continue to market and sell its products using the HALO SPORT Mark. In addition, Halo Liestyle seeks an order "enjoining Deendant, its oicers, owners, partners, employees, agents, parents, subsidiaries, attoneys, and anyone acting in concert or participation with any of them, from pursuing any claims against Plaintif or inringement or violation of Deendant's HALO FARM Marks." Dkt. 18 ("AC") at 13. Deendant Halo Farm, Inc. ("Halo Farm"), a New Jersey corporation, moves to dismiss or lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(l). In the altenative, Halo Farm moves to strike Halo Liestyle's request or injunctive relief as overly broad pursuant to Rule 12(). For the reasons that ollow, the Court grants the motion to dismiss. Dockets.Justia.com
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