PAINAWAY AUSTRALIA PTY LIMITED ACN 151 146 977 v. MAXRELIEF USA, INC., No. 2:2018cv03854 - Document 57 (E.D. Pa. 2022)

Court Description: ORDER THAT THE DEFENDANT AND COUNTERCLAIM PLAINTIFF MAXRELIEF USA, INC.S MOTION FOR SUMMARY JUDGMENT (ECF NO. 46), PLAINTIFF AND COUNTERCLAIM DEFENDANT PAINAWAY AUSTRALIA PTY LIMITED ACN 151 146 977S RESPONSE (ECF NO. 52), DEFENDANTS REPLY (ECF NO. 5 3), AND THIS COURTS MARCH 30, 2022 SEALED ORDER AND OPINION (ECF NOS. 54 AND 55), IT IS HEREBY ORDERED AND DECREED THAT THE COURTS MARCH 30, 2022 IS AMENDED; DEFENDANTS MOTION FOR SUMMARY JUDGMENT (ECF NO. 46) IS GRANTED; PLAINTIFFS COMPLAINT IS DISM ISSED WITH PREJUDICE; AND THE COURT SHALL FILE AN UNSEALED, REDACTED OPINION. BECAUSE DEFENDANTS COUNTERCLAIMS ARE STILL PENDING, THE CLERK OF COURT SHALL REOPEN THIS MATTER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 4/6/22. 4/6/22 ENTERED AND COPIES E-MAILED.(bw)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PAINAWAY AUSTRALIA PTY LIMITED : ACN 151 146 977, : : Plaintiff, : : v. : : MAXRELIEF USA, INC., : : Defendant/Counterclaim Plaintiff, : : v. : : PAINAWAY AUSTRALIA PTY LIMITED : CAN 151 146 977 and : MUCH SHELIST, P.C., : : Counterclaim Defendants. : CIVIL ACTION NO. 18-3854 ORDER AND NOW, this 6th day of April 2022, upon consideration of Defendant and Counterclaim Plaintiff MaxRelief USA, Inc.’s Motion for Summary Judgment (ECF No. 46), Plaintiff and Counterclaim Defendant Painaway Australia Pty Limited ACN 151 146 977’s Response (ECF No. 52), Defendant’s Reply (ECF No. 53), and this Court’s March 30, 2022 Sealed Order and Opinion (ECF Nos. 54 and 55), IT IS HEREBY ORDERED AND DECREED that: 1. The Court’s March 30, 2022 is AMENDED; 2. Defendant’s Motion for Summary Judgment (ECF No. 46) is GRANTED; 3. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE1; and 1 The Court shall file an unsealed, redacted Opinion. 4. Because Defendant’s counterclaims are still pending, the Clerk of Court shall REOPEN this matter. BY THE COURT: /s/ Petrese B. Tucker _____________________________ Hon. Petrese B. Tucker, U.S.D.J.

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