Blau et al v. AT&T Mobility et al

Filing 70

ORDER by Judge Charles R. Breyer granting in part 37 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 10/28/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER GRANTING IN PART
MOTION TO DISMISS

Plaintiff,

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No. C 11-00541 CRB

FREDRICK M. BLAU,

v.
AT&T MOBILITY, ET AL.,

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Defendants.

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For the reasons stated from the bench, the Court GRANTS in part Defendant’s Motion

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to Dismiss as to Plaintiff Anthony Tran, see dkt. 37, such that:

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1.

The fraud claims are DISMISSED with leave to amend;

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2.

The fraud by concealment claim is DISMISSED with leave to amend;

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3.

The CLRA claim is DISMISSED with prejudice;

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4.

The breach of contract claims are DISMISSED with leave to amend;

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5.

The MMWA claim is DISMISSED with prejudice;

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6.

The FCA § 201(b) claim is DISMISSED with prejudice; and

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7.

The RICO claim is DISMISSED with leave to amend.

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//

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//

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//

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Plaintiff has 45 days to amend his Complaint.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: October 28, 2011
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United States District Court
For the Northern District of California

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G:\CRBALL\2011\541\order re tran.wpd

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