Linglong Americas, Inc. v. Get it on Wheels, Inc.

Filing 27

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LINGLONG AMERICAS INC., 12 13 14 15 Civ. No. 2:17-01378 Plaintiff, v. GET IT ON WHEELS, INC. (d/b/a TIRE & WHEEL OUTLET) and DOES 1-5, inclusive, 16 ORDER RE: MOTION TO DISMISS AND MOTION TO AMEND COUNTERCLAIM Defendants. 17 18 19 Plaintiff Linglong Americas Inc. (“Linglong”) brought this action against defendants Get it on Wheels, Inc. doing 20 business as Tire & Wheels Outlet (“Tire Outlet”) for damages 21 arising from unpaid invoices for tires that Linglong delivered to 22 Tire Outlet. 23 24 (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 25 26 27 28 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. 1 1 24).) 2 3 4 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. 5 6 7 Linglong’s Motion to dismiss the initial Counterclaim (Docket No. 17) is DENIED as moot. Tire Outlet’s amended Counterclaim is deemed filed as 8 9 of November 13, 2017. On or before November 27, 2017, Linglong 10 may file a Motion to dismiss Tire Outlet’s amended Counterclaim. 11 Any opposition shall be filed by December 8, 2017. 12 13 14 15 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. 16 17 Any reply Dated: November 14, 2017 18 19 20 21 22 23 24 25 26 27 28 2

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