Linglong Americas, Inc. v. Get it on Wheels, Inc.
Filing
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ORDER RE 17 MOTION TO DISMISS AND 24 MOTION TO AMEND COUNTERCLAIM signed by Senior Judge William B. Shubb on 11/14/2017: IT IS HEREBY ORDERED that 24 Tire Outlet's Motion to file an amended Counterclaim is GRANTED. Linglong's [ 17] Motion to dismiss the initial Counterclaim is DENIED as moot. Tire Outlet's amended Counterclaim is deemed filed as of 11/13/2017. On or before 11/27/2017, Linglong may file a Motion to dismiss Tire Outlet's amended Counterclaim. Any opposition shall be filed by 12/8/2017. Any reply shall be filed by 12/13/2017. Linglong's Motion to dismiss Tire Outlet's First Amended Counterclaim will be taken under submission without oral argument at that time. (Kirksey Smith, K)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LINGLONG AMERICAS INC.,
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Civ. No. 2:17-01378
Plaintiff,
v.
GET IT ON WHEELS, INC. (d/b/a
TIRE & WHEEL OUTLET) and DOES
1-5, inclusive,
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ORDER RE: MOTION TO DISMISS AND
MOTION TO AMEND COUNTERCLAIM
Defendants.
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Plaintiff Linglong Americas Inc. (“Linglong”) brought
this action against defendants Get it on Wheels, Inc. doing
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business as Tire & Wheels Outlet (“Tire Outlet”) for damages
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arising from unpaid invoices for tires that Linglong delivered to
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Tire Outlet.
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(Compl. ¶¶ 11, 28 (Docket No. 1).)
Before the
court is plaintiff Linglong Americas Inc.’s Motion to dismiss
defendant Tire Outlet’s counterclaim for failure to state a claim
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upon which relief can be granted pursuant to Rule 12(b)(6)
(Linglong’s Mot. (Docket No. 17)) and Tire Outlet’s Motion to
file an amended counterclaim (Tire Outlet’s Mot. (Docket No.
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24).)
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For the reasons discussed at the hearing held on
November 13, 2017, IT IS HEREBY ORDERED that Tire Outlet’s Motion
to file an amended Counterclaim (Docket No. 24) is GRANTED.
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Linglong’s Motion to dismiss the initial Counterclaim (Docket No.
17) is DENIED as moot.
Tire Outlet’s amended Counterclaim is deemed filed as
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of November 13, 2017.
On or before November 27, 2017, Linglong
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may file a Motion to dismiss Tire Outlet’s amended Counterclaim.
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Any opposition shall be filed by December 8, 2017.
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shall be filed by December 13, 2017.
Linglong’s Motion to
dismiss Tire Outlet’s First Amended Counterclaim will be taken
under submission without oral argument at that time.
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Any reply
Dated:
November 14, 2017
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