Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 5

Google Inc. v. American Blind & Wallpaper Factory, Inc.

Doc. 5 Att. 1

Case 5:03-cv-05340-JF

Document 5-2

Filed 01/28/2004

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Dockets.Justia.com

Case 5:03-cv-05340-JF

Document 5-2

Filed 01/28/2004

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The Motion of American Blind & Wallpaper Factory, Inc. to dismiss the Complaint of Plaintiff Google, Inc. came on for hearing on March 29, 2004, at 9:00 a.m., Courtroom 3, the Honorable Jeremy Fogel presiding. After considering the papers in support of and in opposition to the motion and the arguments of counsel, the Court hereby finds that Google, Inc.' Complaint was an improper s declaratory judgment action and was an anticipatory filing, and that American Blind' lawsuit s pending in the Southern District of New York will more fully and finally resolve the issues presented in this case. As a result, Defendant American Blind & Wallpaper Factory, Inc.' s motion to dismiss is GRANTED without leave to amend. IT IS SO ORDERED. Date: ___________________ _____________________________ United States District Court Judge

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C 03-5340 JF [PROPOSED] ORDER RE: MOTION TO DISMISS