The Scooter Store, Inc. et al v. Spinlife.com, LLC

Filing 181

ORDER withdrawing 160 Motion for Attorney Fees; finding as moot 171 Motion to Strike ; finding as moot 179 Motion ; granting 180 Motion. Signed by Judge Algenon L. Marbley on 7/18/16. (kn)

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
THE SCOOTER STORE, INC., ET AL.,
Plaintiffs,
v.
SPINLIFE.COM, LLC,
Defendant

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Case No. 2:10-CV-0018-ALM-MRA
JUDGE ALGENON L. MARBLEY
MAGISTRATE JUDGE ELIZABETH
PRESTON DEAVERS

ORDER OF (1) DISMISSAL WITH PREJUDICE OF ALL AFFIRMATIVE CLAIMS
SET OUT IN THE FIRST AMENDED COMPLAINT OF
PLAINTIFFS/COUNTERCLAIM DEFENDANTS THE SCOOTER STORE, INC. AND
THE SCOOTER STORE, LTD.; (2) JUDGMENT ON BEHALF OF
DEFENDANT/COUNTERCLAIM PLAINTIFF SPINLIFE.COM, LLC ON COUNTS III
AND V SET OUT IN SPINLIFE.COM, LLC’S FIRST AMENDED COUNTERCLAIM;
(3) DISMISSAL WITHOUT PREJUDICE OF COUNTS I, II, IV AND VI SET OUT IN
DEFENDANT/COUNTERCLAIM PLAINTIFF SPINLIFE.COM, LLC’S FIRST
AMENDED COUNTERCLAIM; AND (4) WITHDRAWAL, WITHOUT PREJUDICE TO
REFILING, OF THE MOTION OF DEFENDANT/COUNTERCLAIM PLAINTIFF
SPINLIFE.COM, LLC FOR INTERIM ATTORNEYS’ FEES
The Court being informed, it is hereby ORDERED, ADJUDGED AND DECREED
that:
1) All of the affirmative claims set out in the First Amended Complaint (Doc. 4)
of plaintiffs/counterclaim defendants The Scooter Store, Inc. and The Scooter
Store, Ltd. are dismissed with prejudice for the reasons stated in the Court’s
December 21, 2011 Opinion and Order (Doc. 140) and the Court’s September
28, 2012 Opinion and Order (Doc. 152).
2) Judgment is entered on behalf of defendant/counterclaim plaintiff
SpinLife.com, LLC on Counts III & V of defendant/counterclaim plaintiff
SpinLife.com, LLC’s First Amended Counterclaim (Doc. 61), for the reasons
stated in the Court’s December 21, 2011 Opinion and Order (Doc. 140).
3) Counts I, II, IV and VI set out in defendant/counterclaim plaintiff
SpinLife.com, LLC’s First Amended Counterclaim (Doc. 61) are dismissed
without prejudice.

4) The Motion of Defendant/Counterclaim Plaintiff SpinLife.com, LLC for
Interim Attorneys’ Fees (Doc. 160) is withdrawn, without prejudice to it
being refiled.
IT IS SO ORDERED.

7/18/16
DATE

/s/ ALGENON L. MARBEY
JUDGE ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT JUDGE

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