J & J Sports Productions, Inc. v. Valle et al

Filing 67

ORDER by Judge Hamilton Granting 36 Motion to Dismiss and Granting in Part 34 Motion to Strike (pjhlc2, COURT STAFF) (Filed on 12/5/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,
Plaintiff,

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v.
CATARINO VALLE, et al.,

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For the Northern District of California

United States District Court

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No. C 11-1162 PJH
ORDER GRANTING MOTION
TO DISMISS AND GRANTING MOTION
TO STRIKE IN PART

Defendants.
_______________________________/

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Third party defendant’s motion to dismiss, and plaintiff’s motion to strike affirmative

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defenses, came on for hearing before this court on November 30, 2011. Plaintiff, J&J

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Sports Productions (“J&J” or “plaintiff”), appeared through its counsel, Thomas Hesketh.

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Defendants Catarino and Maria de Jesus Valle’s (“Valles”) and Tacos El Camino

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(“restaurant”)(collectively “defendants”) appeared through their counsel, Steven Pisano.

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Third party defendant Dish Network (“Dish”) appeared through its counsel, Jennifer

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Capabianco. Having read the parties’ papers and carefully considered their arguments and

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the relevant legal authority, and good cause appearing, the court hereby GRANTS Dish’s

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motion to dismiss, and GRANTS in part and DENIES in part plaintiff’s motion to strike, for

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the reasons stated at the hearing, and summarized as follows.

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1.

Dish’s motion to dismiss defendants’ third party impleader complaint is

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GRANTED. Leave to amend is also granted, however, so that defendants may attempt to

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successfully clarify and allege the existence of an agency relationship, such that a claim

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against third party defendant(s) is legally viable.

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2.

Plaintiff’s motion to strike the affirmative defenses stated in defendants’

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second amended answer is GRANTED, with respect to defendants’ first affirmative defense

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alleging failure to state a claim, and DENIED with respect to all remaining affirmative

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defenses.

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Defendants’ amended third party complaint shall be due no later than December 28,
2011.

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IT IS SO ORDERED.

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Dated: December 5, 2011
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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