E&E, Co LTD v. Divatex Home Fashion, Inc. et al

Filing 49

ORDER by Judge Whyte granting 23 Motion to Dismis. (rmwlc2, COURT STAFF) (Filed on 6/15/2009)

Download PDF
1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS--No. C-08-05660 RMW JAS E-FILED on 06/15/09 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E&E CO., LTD., a California corporation Plaintiff, v. DIVATEX HOME FASHION, INC., a New York corporation, DWI HOLDINGS, INC., a Delaware corporation, and HIMATSINGKA AMERICA, Inc., a New York corporation Defendants. No. C-08-05660 RMW ORDER GRANTING DEFENDANTS' MOTION TO DISMISS Re Docket No. 23 Defendants DWI Holdings, Inc. and Himatsingka America, Inc. move to dismiss plaintiff E&E Co., Ltd.'s claim for unfair competition in violation of California Business and Professional Code 17200. The court grants defendants' motion to dismiss because the effect of allowing the case to go forward would be to permit the extra-territorial enforcement of Chinese law, and it does not appear that 17200 was intended to accomplish that. DATED: 06/15/09 RONALD M. WHYTE United States District Judge 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of this document has been electronically sent to: Counsel for Plaintiff: Felicia Ann Draper Katherine Renee Miller Robert Charles Ward James Patrick Martin Counsel for Defendants: Edwin Hill Wheeler Phillip C. Ducker ewheeler@mwe.com pducker@mwe.com fdraper@sflaw.com kmiller@sflaw.com rward@sflaw.com jmartin@sflaw.com Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. Dated: 06/15/09 JAS Chambers of Judge Whyte ORDER GRANTING DEFENDANTS' MOTION TO DISMISS--No. C-08-05660 RMW JAS 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?