Restoration Hardware, Inc. et al v. Every Energy Inc.,

Filing 23

Order by Magistrate Judge Joseph C. Spero denying as moot 13 Motion to Dismiss Counterclaims. (jcslc2S, COURT STAFF) (Filed on 4/18/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RESTORATION HARDWARE, INC., et al.,

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Case No. 16-cv-00323-JCS

Plaintiffs,
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v.

ORDER DENYING AS MOOT MOTION
TO DISMISS COUNTERCLAIMS

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EVER ENERGY INC.,

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Re: Dkt. No. 13

Defendant.

United States District Court
Northern District of California

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Plaintiffs Restoration Hardware, Inc. and RH US, LLC (collectively, “Restoration”) moved

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to dismiss the counterclaims filed by Defendant Ever Energy Inc. dba Rustica Hardware

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(“Rustica”). See dkt. 13. Rustica filed amended counterclaims in response to Restoration’s

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motion. See dkt. 15. In their joint case management statement, the parties agree that the amended

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counterclaims moot Restoration’s motion to dismiss. Dkt. 22 at 3−4. The motion is therefore

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DENIED AS MOOT, and the hearing set for April 29, 2016 is VACATED.1 The case

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management conference set for April 22, 2016 remains on calendar.
IT IS SO ORDERED.

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Dated: April 18, 2016
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JOSEPH C. SPERO
Chief Magistrate Judge

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The parties have consented to the jurisdiction of the undersigned magistrate judge for all
purposes pursuant to 28 U.S.C. 636(c).