Clark v. The Walt Disney Company et al

Filing 46

MOTION to Dismiss for Failure to Join a Necessary and Indispensable Party by Defendants Toys 'R Us, Jakks Pacific, Inc., Play Along Toys. Responses due by 6/11/2009 (Attachments: # 1 Affidavit Decl of M. Song, # 2 Exhibit 1 to Decl of M. Song, # 3 Exhibit 2 to Decl of M. Song, # 4 Exhibit 3 to Decl of M. Song, # 5 Text of Proposed Order) (Song, Michael)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AARON CLARK, Plaintiff, v. Case No. 2:08-CV-982 District Judge John D. Holschuh THE WALT DISNEY COMPANY; JAKKS PACIFIC, INC.; PLAY ALONG TOYS; KB TOYS; TOYS `R US; BABYUNIVERSE, INC.; ETOYS DIRECT, INC.; and DISNEY SHOPPING, INC., Defendants. Magistrate Judge Mark R. Abel [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO JOIN A NECESSARY AND INDISPENSABLE PARTY Defendants JAKKS Pacific, Inc., Play Along Toys, and Toys "R" Us, Inc. have moved for an Order dismissing Plaintiff's first claim for relief for patent infringement for failure to add a necessary and indispensable party pursuant to Rule 12(b)(7) of the Federal Rules of Civil Procedure. Having considered Defendants' motion, and good cause appearing therefore, IT IS HEREBY ORDERED THAT: Plaintiff's claim for patent infringement is DISMISSED. IT IS SO ORDERED. Dated: ___________________________________ UNITED STATES DISTRICT JUDGE 1 LACA_2183999.1

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