High Tek USA, Inc. v. Heat and Control, Inc.

Filing 46

ORDER by Judge Yvonne Gonzalez Rogers Denying 40 Motion to Dismiss. The Court VACATES the hearing set for October 16, 2012. (fs, COURT STAFF) (Filed on 10/10/2012)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6
7

HIGH TEK USA, INC.,
Plaintiff,

8
9
10

Northern District of California

United States District Court

11

Case No.: 12-CV-00805 YGR
ORDER DENYING MOTION OF DEFENDANT
HEAT AND CONTROL, INC. TO DISMISS

vs.
HEAT AND CONTROL, INC. and DOES 1
through 50, inclusive,

12

Defendants.

13

Defendant has filed a Motion to Dismiss Plaintiff’s Amended Complaint. In the Court’s

14
15

Order granting the motion to dismiss the original complaint, the Court identified several areas where

16

the original complaint lacked sufficient detail.
Having carefully considered the papers submitted and the amended complaint, the Court finds

17
18

that Plaintiff has responded to each concern.

19

Therefore, the Court DENIES the Motion to Dismiss.1

20

Defendant shall file an answer within 21 days of the date this Order is filed.

21

This Order terminates Dkt. No. 40.

22

IT IS SO ORDERED.

23

Date October 10, 2012

24

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

25
26
27
28

1

Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds that this
motion is appropriate for decision without oral argument. Accordingly, the Court VACATES the hearing set for
October 16, 2012.