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

Filing 256

JUDGMENT AS TO PURCELL MURRAY COMPANY, INC. by Judge Audrey B. Collins: Having considered the Motions for Summary Judgment and Judgment on the Pleadings (the "Motions") filed by Purcell Murray Company, Inc. ("Purcell Murray") and having considered the Parties' briefing, evidentiary objections, and other submissions relating to those Motions, as well as oral argument presented by counsel at the December 19, 2011 hearing on the Motions, the Court has reached the following decision, the grounds for which are fully set forth in the December 20, 2011 Order Granting Defendants' Motions for Summary Judgment and Judgment on the Pleadings, IT IS ORDERED that summary judgment is granted in Purcell Murrays' favor, th at Plaintiff Water, Inc. recover nothing, that all of its claims against said Defendant be dismissed on the merits, and that said Defendant recover its costs. There being no further claims pending between plaintiff Water, Inc. and defendant Purcell Murray and there being no just reason for delay of entry of Judgment as between these parties, the Clerk is hereby directed to enter Judgment in favor of defendant Purcell Murray and against plaintiff Water, Inc. (bm)

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1 2 3 4 5 6 THOMAS J. LoSAVIO, SBN 051023 KURT BRIDGMAN, SBN 145151 JAMES F. REGAN, SBN 252199 LOW, BALL & LYNCH 505 Montgomery Street, 7th Floor San Francisco, California 94111 Telephone (415) 981-6630 Facsimile (415) 982-1634 Email: tlosavio@lowball.com Attorneys for Defendant PURCELL MURRAY COMPANY, INC. 7 8 9 THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA - LOS ANGELES 10 11 12 13 14 15 16 17 18 19 20 21 22 WATER, INC., a California corporation, ) ) Plaintiff, ) ) vs. ) ) EVERPURE, INC.; EVERPURE, LLC; ) PENTAIR RESIDENTIAL FILTRATION, ) LLC; PENTAIR, INC.; PURCELL ) MURRAY COMPANY, INC; GERARD ) McKEOWN; MIKE MADSEN; DEBRA ) BARTON; and DOES 1 to 10, inclusive, ) ) Defendant(s) ) ) ) ) ) ) ) ) ____________________________________ ) CASE NO.: CV 09-03389 ABC (SSx) [PROPOSED] JUDGMENT AS TO PURCELL MURRAY COMPANY, INC. Judge: Hon. Audrey B. Collins Magistrate Judge: Hon. Suzanne Segal Date Complaint Filed: May 13, 2009 Discovery Cutoff Date: November 1, 2011 Pretrial Conference: January 9, 2012 Trial Date: vacated 23 Having considered the Motions for Summary Judgment and Judgment on the 24 Pleadings (the "Motions") filed by Purcell Murray Company, Inc. ("Purcell Murray") and 25 having considered the Parties' briefing, evidentiary objections, and other submissions 26 relating to those Motions, as well as oral argument presented by counsel at the December 27 19, 2011 hearing on the Motions, the Court has reached the following decision, the 28 grounds for which are fully set forth in the December 20, 2011 Order Granting -1[PROPOSED] JUDGMENT AS TO PURCELL MURRAY COMPANY, INC. C:\Temp\notesC7A056\Judgment.wpd CASE NO.: CV 09-03389 ABC (SSx) 1 2 Defendants' Motions for Summary Judgment and Judgment on the Pleadings, IT IS ORDERED that summary judgment is granted in Purcell Murray’s' favor, 3 that Plaintiff Water, Inc. recover nothing, that all of its claims against said Defendant be 4 dismissed on the merits, and that said Defendant recover its costs. 5 There being no further claims pending between plaintiff Water, Inc. and defendant 6 Purcell Murray and there being no just reason for delay of entry of Judgment as between 7 these parties, the Clerk is hereby directed to enter Judgment in favor of defendant Purcell 8 Murray and against plaintiff Water, Inc. 9 10 Dated: 2/21/2012 11 __________________________________ Audrey B. Collins United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2[PROPOSED] JUDGMENT AS TO PURCELL MURRAY COMPANY, INC. C:\Temp\notesC7A056\Judgment.wpd CASE NO.: CV 09-03389 ABC (SSx)

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