Precision IBC, Inc. v. PCM Capital, LLC et al

Filing 211

ORDER ADOPTING 206 REPORT AND RECOMMENDATION. It is ORDERED that Defendants' 153 Motion to Dismiss Plaintiff's Second Amended Complaint be DENIED with respect to Plaintiff's false advertising claim under the Lanham Act and Plaintiff's conspiracy claim, and GRANTED with respect to Plaintiff's defamation claim. Plaintiff's 176 Motion to Strike is GRANTED. Signed by Judge Callie V. S. Granade on 11/10/2011. copies to parties. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PRECISION IBC, INC.,
Plaintiff,
VS.
PCM CAPITAL, LLC, et al.,
Defendants.

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 10-00682-CG-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to
the issues raised, and a de novo determination of those portions of the Report and
Recommendation to which objection is made, the Report and Recommendation of the
Magistrate Judge made under 28 U.S.C. '636(b)(1)(B) is ADOPTED as the opinion of
this Court. It is ORDERED that Defendants’ Motion to Dismiss Plaintiff’s Second
Amended Complaint (Doc. 153) be DENIED with respect to Plaintiff’s false
advertising claim under the Lanham Act and Plaintiff’s conspiracy claim, and
GRANTED with respect to Plaintiff’s defamation claim. 1 Additionally, Plaintiff’s
Motion to Strike Defendants’ Exhibits 5 through 11 (Doc. 176) is GRANTED.
DONE and ORDERED this 10th day of November, 2011.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

1 It appears that this portion of the R&R is MOOT, as the plaintiff has voluntarily dismissed the
defamation claim.