WebQuest.com Inc. v. Hayward Industries

Filing 49

ORDER Denying Hayward Industries, Inc's. Motion For Partial Judgment on the Pleadings; Denying Webquest.com Inc's. Motion to Dismiss Defendant's Counterclaims; Granting Webquest.com Inc's Motion to Strike all Exhibits From Defendant's Counterclaims Except for Exhibit A; and Denying Webquest.com, Inc's Motion for Sanctions, signed by Judge Oliver W. Wanger on 11/19/2010. (Gaumnitz, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA WEBQUEST.COM, INC., a California Corporation, Plaintiff, v. HAYWARD INDUSTRIES, INC., a New Jersey Corporation, Defendant. ORDER DENYING HAYWARD INDUSTRIES, INC.'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS; DENYING WEBQUEST.COM, INC.'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIMS; GRANTING WEBQUEST.COM, INC.'S MOTION TO STRIKE ALL EXHIBITS FROM DEFENDANT'S COUNTERCLAIMS, EXCEPT FOR EXHIBIT A; AND DENYING WEBQUEST.COM, INC.'S MOTION FOR SANCTIONS Case No. 1:10-cv-00306-OWW-GSA [Assigned to Hon. Oliver W. Wanger]

AND RELATED CROSS-ACTION

The motion of Defendant Hayward Industries, Inc. ("Hayward Industries") for an order granting Partial Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) against Plaintiff WebQuest.com, Inc. ("WebQuest") and its counsel having come before the Court, and the motions of Plaintiff WebQuest.com, Inc. for orders dismissing Hayward Industries' Counterclaims for failure to comply with Fed. R. Civ. P. 8, striking Hayward Industries' Exhibits, except for Exhibit A, pursuant to Fed. R. Civ. P. 12(f), and granting Sanctions against Hayward Industries pursuant to Fed. R. Civ. P. 11, and the Court having considered the papers filed in support of and against thereto, as well as the oral argument that took place on November 1, 2010, and for good cause appearing, the Court hereby orders as follows:

FORMAL ORDER CONSISTENT WITH MEMORANDUM DECISION RE: DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS; PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIMS; PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXHIBITS, EXCEPT FOR EXHIBIT A; AND PLAINTIFF'S MOTION FOR SANCTIONS

1

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(1) Hayward Industries' Motion for Partial Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) is hereby DENIED; (2) WebQuest's Motion to dismiss Defendant's Counterclaims for failure to comply with Fed. R. Civ. P. 8 is hereby DENIED; (3) WebQuest's Motion to strike Defendant's Exhibits, except for Exhibit A, pursuant to Fed. R. Civ. P. 12(f) is hereby GRANTED; (4) WebQuest's Motion for Sanctions pursuant to Fed. R. Civ. P. 11 is hereby DENIED

IT IS SO ORDERED. Dated: 11/19/2010 /s/ OLIVER W. WANGER HON. OLIVER W. WANGER United States District Judge

FORMAL ORDER CONSISTENT WITH MEMORANDUM DECISION RE: DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS; PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIMS; PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXHIBITS, EXCEPT FOR EXHIBIT A; AND PLAINTIFF'S MOTION FOR SANCTIONS

2

PDF created with pdfFactory trial version www.pdffactory.com