Craters & Freighters v. Daisychain Enterprises et al

Filing 192

ORDER DIRECTING PLAINTIFF TO RESPOND TO DEFENDANTS 185 MOTION TO DISMISS. ( 191 MOTION for Hearing Re 185 is DENIED). Responses due by 10/29/2014; Replies due by 11/5/2014. Signed by Judge Claudia Wilken on 10/22/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 10/22/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 09-04531 CW
CRATERS & FREIGHTERS,

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Plaintiff,

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ORDER DIRECTING
PLAINTIFF TO RESPOND TO
DEFENDANTS’ MOTION TO
DISMISS

v.
DAISYCHAIN ENTERPRISES, dba
FREIGHT & CRATE; CATHY BENZ; and
FRED BENZ.
Defendants.
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United States District Court
For the Northern District of California

Defendants have filed a motion to dismiss this case with
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prejudice based on their assertion that “Plaintiff is not the real
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party in interest and has been using a false name.”

Docket No.

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185 at 1.

Defendants assert that “Craters & Freighters Franchise

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Company” not “Craters & Freighters” owns the trademark at issue in
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this case and argue that failure to name the real party in
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interest justifies dismissal with prejudice of the action.
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Plaintiff’s deadline to respond to this motion was October 17,
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2014.

To date, Plaintiff has not filed a response.

The Court

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hereby directs Plaintiff to file its response to Defendants’
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motion to dismiss within seven days of the date of this order.
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Defendants may file a reply in support of their motion within
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seven days thereafter.

The matter will be taken under submission

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on the papers.

Plaintiff’s motion for a hearing (Docket No. 191)

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is DENIED.
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IT IS SO ORDERED.
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Dated:
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October 22, 2014

CLAUDIA WILKEN
United States District Judge