Garman et al v. Booher et al

Filing 16

ORDER TO DISMISS signed by District Judge Troy L. Nunley on 10/30/2013 ORDERING that the 13 Stipulated Motion to Dismiss is GRANTED. Each party shall bear their own costs and attorney's fees. CASE CLOSED. (Zignago, K.)

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GLENN W. PETERSON, ESQ. (SBN 126173)
MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone No: [phone]
Fax No: [phone]
Attorneys for Plaintiffs
Michael D. Garman and
California Construction and Renovations, Inc.
JARED T. WALKER, ESQ. (SBN 269029)
725 30th Street, Suite 201
Sacramento, CA 95816
Telephone No: [phone]
Fax No: [phone]
Attorney for Defendants
Rich Booher and
RM Construction and Development, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No. 2:12-CV-01905-TLN-EFB
)
)
ORDER TO DISMISS
)
)
Plaintiff,
)
vs.
) Complaint Filed: July 19, 2012
) Trial Date:
February 11, 2014
RICH BOOHER; RM CONSTRUCTION AND )
)
DEVELOPMENT, INC., a California
Corporation; and DOES 1 through 10, inclusive, )
)
)
Defendants.
)
MICHAEL D. GARMAN; CALIFORNIA
CONSTRUCTION AND RENOVATIONS,
INC., a California Corporation

Based upon the filed stipulation, and good cause appearing, the Stipulated Motion to Dismiss
is granted as follows:
1.

Plaintiffs’ first cause of action for alleged violations of the Computer Fraud and

Abuse Act, 18 U.S.C. Section 1030, is dismissed with prejudice.
2.

Plaintiffs’ second cause of action for alleged violations of California Penal Code

Section 502 is dismissed without prejudice.

ORDER TO DISMISS WITHOUT PREJUDICE

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3.

Plaintiffs’ third cause of action for alleged false designation of origin, 15 U.S.C.

Section 1125, is dismissed with prejudice.
4.

Plaintiffs’ fourth cause of action for alleged trespass to chattels is dismissed without

prejudice.
5.

Plaintiffs’ fifth cause of action for alleged violations of California Business and

Professions Code Section 17200 is dismissed without prejudice.
6.

Each party shall bear their own costs and attorney’s fees.

IT IS SO ORDERED.

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Dated: October 30, 2013

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Troy L. Nunley
United States District Judge

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STIPULATED MOTION TO DISMISS