Chowchilla Elementary School District v. Ikon Office Solutions, Inc.

Filing 41

ORDER GRANTING plaintiff Chowchilla Elementary School District's Motion to Dismiss IKON's counterclaim, document 12 , and GRANTING IKON leave to amend its complaint against third-party defendants within 20 days of the date of this order; third-party defendants' response due 20 days thereafter; order signed by Judge Oliver W. Wanger on 3/8/2011. (Rooney, M)

1 Richard L. Seabolt (SBN 67469) 2 DUANE MORRIS LLP 3 Suite 2200
Terrance J. Evans (SBN 227671) One Market Plaza, Spear Tower San Francisco, CA 94105-1127 F: 415.957.3001 [e-mail] [e-mail]

4 T: 415.957.3000 5 Email: 6

30 South 17th Street 9 Philadelphia, PA 19103 T: 215-979-1246/7352 10 F: 215-979-1020 Email: [e-mail] 11 [e-mail]

7 Sean K. Burke (Pro Hac Vice) 8 DUANE MORRIS LLP

Thomas T. Loder (Pro Hac Vice)

12

Attorneys for Defendant, 13 IKON OFFICE SOLUTIONS, INC.

14 15 16 17

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No. 1:10-cv-01603-OWW-SMS ORDER GRANTING THE MOTIONS TO DISMISS FILED BY CHOWCHILLA ELEMENTARY SCHOOL DISTRICT AND THIRD PARTY DEFENDANTS AND AFFORDING IKON OFFICE SOLUTIONS LEAVE TO AMEND Judge: Location: Oliver W. Wanger Courtroom __, Floor ___

18 CHOWCHILLA ELEMENTARY
Plaintiff, v. Corporation, and DOES 1-50, Defendants.

SCHOOL DISTRICT, a California Department 19 of Education entity,

20 21

22 IKON OFFICE SOLUTIONS, INC., an Ohio 23 24 25 26

Having considered the motions of Counter-Defendant CHOWCHILLA ELEMENTARY

27 SCHOOL DISTRICT (hereinafter "CESD") to dismiss the Counterclaim of Defendant and Third 28 Party Plaintiff IKON OFFICE SOLUTIONS, INC. ("IKON"), and the motions of Third Party
1 ORDER GRANTING THE MOTIONS TO DISMISS FILED BY CHOWCHILLA ELEMENTARY SCHOOL DISTRICT AND THIRD PARTY DEFENDANTS AND AFFORDING IKON O trial OLUTIONS LEAVE TO AMEND PDF created with pdfFactoryFFICE Sversion www.pdffactory.com CASE NO. 1:10-CV-01603-OWW-SMS

1 Defendants TIMOTHY KENT and the RAY MORGAN COMPANY to dismiss IKON's first and 2 sixth claims against Third Party Defendants, and IKON's oppositions thereto, it is hereby ordered 3 as follows: 4
1. The CESD's motion to dismiss IKON's counterclaim is GRANTED. IKON is

5 GRANTED LEAVE TO AMEND its counterclaim within twenty (20) days from the date of this 6 Order, and Plaintiff shall have twenty (20) days thereafter to respond thereto; and 7
2. Third Party Defendants' motion to dismiss IKON's first and sixth claims is

8 GRANTED. IKON is GRANTED LEAVE TO AMEND its complaint against Third Party 9 Defendants within twenty (20) days from the date of this Order, and Third Party Defendants shall 10 have twenty (20) days thereafter to respond thereto. 11 12 IT IS SO ORDERED. 13 Dated: March 8, 2011 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2 ORDER GRANTING THE MOTIONS TO DISMISS FILED BY CHOWCHILLA ELEMENTARY SCHOOL DISTRICT AND THIRD PARTY DEFENDANTS AND AFFORDING IKON O trial OLUTIONS LEAVE TO AMEND PDF created with pdfFactoryFFICE Sversion www.pdffactory.com CASE NO. 1:10-CV-01603-OWW-SMS

/s/ OLIVER W. WANGER United States District Judge