PARTS GEEK, LLC v. U.S. AUTO PARTS NETWORK, INC. et al

Filing 28

ORDER granting in part and denying in part 14 Motion to Dismiss ; granting in part and denying in part 14 Motion to Transfer Case to USDC for the NORTHERN DISTRICT OF CALIFORNIA (USCA Electronically Notified) ; granting in part and denying in part 16 Motion to Dismiss Signed by Judge Mary L. Cooper on 4/1/2010. (ss, ) (Additional attachment(s) added on 4/14/2010: # 1 Clerk's Letter) (ss, ).

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY PARTS GEEK, LLC, Plaintiff, v. U.S. AUTO PARTS NETWORK, INC., et al., Defendants. : : : : : : : : : : : :

CIVIL ACTION NO. 09-5578 (MLC) ORDER

For the reasons stated in the Court's Memorandum Opinion, dated April 1, 2010, IT IS on this 1st day of April, 2010,

ORDERED that defendant Google, Inc.'s motion to dismiss and/or transfer (dkt. entry no. 14) is GRANTED IN PART AND DENIED IN PART AS FOLLOWS: GRANTED TO THE EXTENT that it seeks to transfer the action to the United States District Court for the Northern District of California, and DENIED AS MOOT TO THE EXTENT that it seeks to dismiss the Complaint as to venue, and DENIED WITHOUT PREJUDICE TO THE EXTENT that it seeks to dismiss Counts I-III and V-VII of the Complaint on the merits; and IT IS FURTHER ORDERED that defendant U.S. Auto Parts Network, Inc.'s motion to dismiss and/or transfer (dkt. entry no. 16) is GRANTED IN PART AND DENIED IN PART AS FOLLOWS:

GRANTED TO THE EXTENT that it seeks to transfer the action to the United States District Court for the Northern District of California, and DENIED AS MOOT TO THE EXTENT that it seeks to dismiss the Complaint as to venue, and DENIED WITHOUT PREJUDICE TO THE EXTENT that it seeks to dismiss the Complaint insofar as asserted against it on the merits; and IT IS FURTHER ORDERED that the action is TRANSFERRED to the United States District Court for the Northern District of California; and IT IS FURTHER NOTED for the benefit of the Clerk of the Court for the Northern District of California that the San Jose Division appears to be the appropriate division; and IT IS FURTHER ORDERED that the Clerk of the Court designate this action as CLOSED. s/ Mary L. Cooper MARY L. COOPER United States District Judge

2