Water, Inc. v. Everpure, Inc. et al

Filing 245

JUDGMENT DISMISSING WATER, INC.'S CLAIMS by Judge Audrey B. Collins, in favor of Everpure, Inc., Everpure, LLC, Pentair Residential Filtration, LLC, Pentair, Inc., Purcell Murray Company, Inc., Debra Barton, Gerard McKeown, Mike Madsen against W ater, Inc.: It is ordered that summary judgment is granted in Defendants' favor, that Plaintiff Water, Inc. recover nothing, that all of its claims against Defendants be dismissed on the merits, and that Defendants recover their costs at the con clusion of this action. This judgment, awarded pursuant to Fed. R. Civ. P. 56(a), is not a final judgment because it does not dispose of Everpure, LLC's and Pentair Residential Filtration LLC's counterclaims against Water, Inc. which remain pending. (bm)

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FOLEY & LARDNER LLP
LEILA NOURANI CA Bar No. 163336
[e-mail]
MICHAEL S. LAWRENCE, CA Bar No. 255897
[e-mail]
ATTORNEYS AT LAW
555 SOUTH FLOWER STREET, SUITE 3500
LOS ANGELES, CA 90071-2411
TELEPHONE:
213.972.4500
FACSIMILE:
213.486.0065

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OF COUNSEL:
FOLEY & LARDNER LLP
BRIAN W. MCGRATH WI Bar No. 1016840 (admitted pro hac vice)
KATHERINE D. SPITZ WI Bar No. 1066375 (admitted pro hac vice)
ATTORNEYS AT LAW
777 EAST WISCONSIN AVENUE
MILWAUKEE, WI 53202-5306
TELEPHONE:
414.271.2400
FACSIMILE:
414.297.4900

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Attorneys for Defendants Everpure, Inc.; Everpure, LLC; Pentair Residential Filtration,
LLC; Pentair, Inc.; Gerard McKeown; Mike Madsen and Debra Barton

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
WATER, INC., a California Corporation Case No: CV09-03389 ABC(SSx)

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Plaintiff,

[PROPOSED] JUDGMENT
DISMISSING WATER, INC.’S
CLAIMS

v.

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EVERPURE, INC.; EVERPURE, LLC;
16 PENTAIR RESIDENTIAL
FILTRATION, LLC; PENTAIR, INC.;
17 PURCELL MURRAY COMPANY,
INC.; GERARD MCKEOWN; MIKE
18 MADSEN; DEBRA BARTON; and
Does 1 to 10, Inclusive
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Order Date: December 20, 2011
Judge:
Hon. Audrey B. Collins
Mag. Judge: Hon. Suzanne Segal

Defendants.

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EVERPURE, LLC; PENTAIR
RESIDENTIAL FILTRATION, LLC.

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Date Complaint Filed: May 13, 2009
Discovery Cut-off Date: August 1, 2011

Counterclaimants,

Pretrial Conference: January 9, 2012

vs.

WATER, INC., a California Corporation
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Trial: January 24, 2012

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[PROPOSED] JUDGMENT DISMISSING WATER, INC.’S CLAIMS
CASE NO. CV09-03389 ABC (SSX)
4829-4825-0894.2

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Having considered the Motions for Summary Judgment and Judgment on the

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Pleadings (the “Motions”) filed by Defendants Everpure, Inc., Everpure, LLC;

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Pentair Residential Filtration, LLC, Pentair, Inc., Gerard McKeown, Mike Madsen

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and Debra Barton (“Everpure Defendants”) [Dkt. No. 167] and Purcell Murray

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Company, Inc. (“Purcell Murray”) [Dkt. No. 175] (all defendants collectively

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referenced as “Defendants”), and having considered the Parties’ briefing,

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evidentiary objections, and other submissions relating to those Motions, as well as

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oral argument presented by counsel at the December 19, 2011 hearing on the

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Motions, the Court has reached the following decision, the grounds for which are

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fully set forth in the December 20, 2011 Order Granting Defendants’ Motions for

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Summary Judgment and Judgment on the Pleadings [Dkt. No. 242]:

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It is ordered that summary judgment is granted in Defendants’ favor, that

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Plaintiff Water, Inc. recover nothing, that all of its claims against Defendants be

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dismissed on the merits, and that Defendants recover their costs at the conclusion

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of this action. This judgment, awarded pursuant to Fed. R. Civ. P. 56(a), is not a

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final judgment because it does not dispose of Everpure, LLC’s and Pentair

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Residential Filtration LLC’s counterclaims against Water, Inc. which remain

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pending.

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IT IS SO ORDERED.

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DATE: JAN. 3, 2012_______
HON. AUDREY B. COLLINS

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[PROPOSED] JUDGMENT DISMISSING WATER, INC.’S CLAIMS
CASE NO. CV09-03389 ABC (SSX)
4829-4825-0894.2