Coupons, Inc. v. Stottlemire

Filing 98

(Proposed) Order Granting MOTION to Dismiss Plaintiff's Third Amended Complaint re #97 by John Stottlemire. (Stottlemire, John) (Filed on 9/22/2008) Text modified on 9/22/2008 (bw, COURT STAFF).

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Coupons, Inc. v. Stottlemire Doc. 98 1 John A. Stottlemire 33103 Lake Garrison Street 2 Fremont, CA 94555 Telephone: (614) 358-4185 3 Email: jstottl@comcast.net Defendant, pro se 4 5 6 7 8 9 10 11 12 13 14 15 16 17 This matter came before the court on November 4, 2008 on Defendant John Stottlemire's COUPONS, INC., a California corporation, ) ) Plaintiff, ) ) v. ) ) JOHN STOTTLEMIRE, and DOES 1-10, ) ) Defendant ) ) ) ) ) Case No. 5:07-cv-03457 HRL [PROPOSED] ORDER GRANTING DEFENDANT JOHN STOTTLEMIRE'S MOTION TO DISMISS COUPONS, INC.'S THIRD AMENDED COMPLAINT PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE Courtroom: 2, 5th Floor Judge: Hon. Howard R. Lloyd UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 18 Motion to Dismiss Coupons, Inc.'s third amended first claim for relief, third amended second 19 claim for relief, third amended third claim for relief, third amended fourth claim for relief and third 20 amended fifth claim for relief of the third amended complaint for failure to state a claim on which 21 relief can be granted and for lack of subject matter jurisdiction. The court reviewed the parties' 22 written submissions and oral argument and finds as follows: 23 24 25 26 1.) The first, second third and fourth claim for relief fail to state a claim on which relief can be granted; 2.) The fifth claim for relief lacks subject matter jurisdiction. Therefore, based upon the above findings and being fully advised in the premises, it is 27 ORDERED that John Stottlemire's motion to dismiss Coupons, Inc.'s First Claim For Relief, 28 [PROPOSED] Order Granting Defendant John Stottlemire's Motion to Dismiss Coupons, Inc's Third Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure No. 5:07-cv-03457 HRL -1Dockets.Justia.com 1 Second Claim For Relief, Third Claim For Relief and Fourth Claim For Relief under Federal Rules 2 of Civil Procedure 12(b)(6); and John Stottlemire's motion to dismiss Coupons, Inc.'s Fifth Claim 3 For Relief under Federal Rules of Civil Procedure 12(b)(1) are GRANTED and the First Claim 4 For Relief, Second Claim For Relief, Third Claim For Relief, Fourth Claim For Relief and Fifth 5 Claim For Relief of the third amended complaint are DISMISSED without leave to amend. 6 7 8 9 10 Presented By: 11 12 /s/ 13 John Stottlemire Defendant, pro se 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] Order Granting Defendant John Stottlemire's Motion to Dismiss Coupons, Inc's Third Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure No. 5:07-cv-03457 HRL -2Honorable Howard R. Lloyd United States Magistrate Judge

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