Beauty Weapons, LLC et al v. Gennaro et al

Filing 26

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION 21 TO DISMISS. Signed by Judge Maxine M. Chesney on March 15, 2013. (mmclc2, COURT STAFF) (Filed on 3/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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BEAUTY WEAPONS, LLC, et al.,
Plaintiffs,

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No. C 12-5383 MMC
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT’S
MOTION TO DISMISS

v.
JOHN GENNARO,
Defendant.

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Before the Court is defendant John Gennaro’s motion, filed February 4, 2013, to

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dismiss plaintiffs’ first amended complaint. The matter came on regularly for hearing March

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15, 2013. Mark R. Meyer of Losch & Ehrlich appeared on behalf of plaintiffs. Stephen L.

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Davis of Davis & Leonard, LLP appeared on behalf of defendant. The Court having read

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and considered the parties’ respective written submissions and having considered the

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arguments of counsel, and for the reasons stated on the record at the hearing, the motion

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to dismiss is hereby GRANTED in part and DENIED in part as follows:

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1. To the extent the motion seeks dismissal of the First, Third, Fourth, Fifth, Sixth,

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Seventh, Eighth, Ninth, Twelfth, Thirteenth, and Fourteenth Claims, the motion is hereby

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GRANTED, and said claims are hereby DISMISSED with leave to amend.

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2. To the extent the motion seeks dismissal of the claim for injunctive relief pleaded

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in the Tenth Claim, the motion is hereby GRANTED, and said claim is hereby DISMISSED
without prejudice.

3. To the extent the motion seeks dismissal of the Second and Eleventh Claims,

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and of the claim for declaratory relief pleaded in the Tenth Claim, the motion is hereby

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DENIED.
4. Plaintiffs’ Second Amended Complaint, if any, shall be filed no later than April 5,

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2013.
IT IS SO ORDERED.

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Dated: March 15, 2013
MAXINE M. CHESNEY
United States District Judge

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