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)

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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

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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 [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

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