Surfacesupplied, Inc v. Kirby Morgan Dive Systems, Inc

Filing 77

ORDER VACATING DECEMBER 20, 2013 HEARING ON DEFENDANT'S MOTION TO DISMISS AND MOTION TO STRIKE. Signed by Judge Maxine M. Chesney on December 17, 2013. (mmclc2, COURT STAFF) (Filed on 12/17/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 For the Northern District of California United States District Court 10 SURFACE SUPPLIED, INC., 11 12 13 14 Plaintiff, ORDER VACATING DECEMBER 20, 2013 HEARING ON DEFENDANT’S MOTION TO DISMISS AND MOTION TO STRIKE v. KIRBY MORGAN DIVE SYSTEMS, INC., Defendant. 15 16 No. C 13-0575 MMC / Before the Court are defendant/counterclaimant Kirby Morgan Dive Systems, Inc.’s 17 (“Kirby Morgan”) Motion to Dismiss Counter-Defendant’s Sixth and Seventh Causes of 18 Action and Motion to Strike Counter-Defendant’s Affirmative Defenses and First, Third, 19 Fourth, and Fifth Causes of Action, both filed November 12, 2013. Plaintiff Surface 20 Supplied, Inc. (“SSI”) has filed opposition to each motion, to which Kirby Morgan has 21 replied. Having read and considered the papers filed in support of and in opposition to the 22 motions, the Court deems the matters suitable for decision thereon, and VACATES the 23 hearing scheduled for December 20, 2013. 24 IT IS SO ORDERED. 25 26 27 28 Dated: December 17, 2013 MAXINE M. CHESNEY United States District Judge

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