LegalForce RAPC Worldwide, P.C. et al v. Trademark Engine LLC et al

Filing 120

ORDER DISMISSING ACTION, AS ALLEGED AGAINST DEFENDANT TRAVIS CRABTREE, WITH PREJUDICE; STRIKING NOTICE OF VOLUNTARY DISMISSAL; DENYING AS MOOT MOTION TO STRIKE AND FOR DISMISSAL. Signed by Judge Maxine M. Chesney on December 10, 2018. (mmclc1, COURT STAFF) (Filed on 12/10/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LEGALFORCE RAPC WORLDWIDE,
P.C.,

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United States District Court
Northern District of California

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Plaintiff,
v.
TRADEMARK ENGINE LLC, et al.,
Defendants.

Case No. 17-cv-07303-MMC
ORDER DISMISSING ACTION, AS
ALLEGED AGAINST DEFENDANT
TRAVIS CRABTREE, WITH
PREJUDICE; STRIKING NOTICE OF
VOLUNTARY DISMISSAL; DENYING
AS MOOT MOTION TO STRIKE AND
FOR DISMISSAL

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By order filed October 31, 2018, the Court granted in part and denied in part

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defendants' motion to dismiss the Second Amended Complaint. In so doing, the Court

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dismissed, for failure to state a claim, all claims against defendant Travis Crabtree,

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afforded plaintiff leave to amend its claims against him, and set a deadline of November

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16, 2018, for plaintiff to amend. Plaintiff did not amend within the time provided. Rather,

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on November 29, 2018, plaintiff filed a "Notice of Voluntary Dismissal of Defendant Travis

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Crabtree" by which it "seeks to dismiss defendant Travis Crabtree from this action without

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prejudice." (See Notice, filed November 29, 2018, at ¶ 1.)

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Under Rule 41(b) of the Federal Rules of Civil Procedure, an order granting a

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defendant's motion to dismiss, with limited exceptions not applicable here, "operates as

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an adjudication on the merits." See Fed. R. Civ. P. 41(b). Consequently, upon the

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expiration of the above-referenced deadline to amend, the Court's order of October 31,

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2018, operated as a dismissal with prejudice of plaintiff's claims against Travis Crabtree.

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Accordingly, the above-titled action, as alleged against Travis Crabtree, is hereby

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DISMISSED with prejudice, and plaintiff's Notice of Voluntary Dismissal of said defendant

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is hereby STRICKEN.1
IT IS SO ORDERED.

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Dated: December 10, 2018
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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In light of the above, defendant Trademark Engine LLC's "Motion to Strike Notice
of Voluntary Dismissal of Defendant Travis Crabtree and Motion for Dismissal With
Prejudice," filed December 4, 2018, is hereby DENIED as moot.
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