eBay Inc. v. Digital Point Solutions, Inc. et al

Filing 76

MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Digital Point Solutions, Inc., Shawn Hogan. Motion Hearing set for 6/26/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Declaration of Ross M. Campbell, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order, # 5 Certificate of Service)(Kouretchian, Seyamack) (Filed on 4/27/2009)

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O r d e r Granting Defendants' Motion to D is m i s s Plaintiff's Second Amended Complaint 1 Case No. CV 08-04052 JF PVT

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

EBAY, INC.,

) ) Plaintiff, ) ) v. ) DIGITAL POINT SOLUTIONS, INC., SHAWN ) ) HOGAN, KESSLER'S FLYING CIRCUS, THUNDERWOOD HOLDINGS, INC., TODD ) ) DUNNING, DUNNING ENTERPRISE, INC., BRIAN DUNNING, BRIANDUNNING.COM, ) ) and Does 1-20, ) ) Defendants. ) )

Case No. CV 08-04052 JF PVT [PROPOSED] ORDER GRANTING DEFENDANTS DIGITAL POINT SOLUTIONS, INC. AND SHAWN HOGAN'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED

The motion of Defendants DIGITAL POINT SOLUTIONS, INC. and SHAWN HOGAN for dismissal of Plaintiff EBAY, INC.'s Second Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) came on regularly for hearing before this Court on June 26, 2009. The parties were represented by their respective counsel of record. After considering the moving and opposition papers, arguments of counsel and all other matters presented to the Court, IT IS HEREBY ORDERED THAT Defendants DIGITAL POINT SOLUTIONS,

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INC. and SHAWN HOGAN's motion to dismiss for failure to state a claim is GRANTED and Plaintiff's Second Amended Complaint is hereby dismissed without leave to amend. DATED: ____________________, 2009 ______________________________ HON. JEREMY FOGEL United States District Judge

O r d e r Granting Defendants' Motion to D is m i s s Plaintiff's Second Amended Complaint

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Case No. CV 08-04052 JF PVT