District Brewing Company, Inc. v. CBC Restaurant, LLC

Filing 47

ORDER granting 37 Motion to Sever and Dismiss Claims. Signed by Judge Algenon L. Marbley on 1/13/2017. (cw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION District Brewing Company, Inc., d/b/a “Columbus Brewing Company” Plaintiff, v. CBC Restaurant, LLC, d/b/a “Columbus Brewing Company Restaurant Defendants. : : : : : : : : : : : : Case No. 2:15-cv-3114 JUDGE ALGENON L. MARBLEY Magistrate Judge Kemp ORDER This matter comes before the Court on Plaintiff’s Unopposed Motion to Sever and Dismiss Claims. (Doc. 37.) Under Federal Rules of Civil Procedure 41(a)(2) and 21, Plaintiff moves to sever and dismiss its claims for money damages and punitive damages, as contained in Counts One through Six of the Verified Complaint. (Doc. 1.) Plaintiff seeks to retain the claims for injunctive relief contained in the same Counts One through Six of the Verified Complaint. (Doc. 1.) Defendant does not object to Plaintiff’s motion. For good cause shown, Plaintiff’s Unopposed Motion to Sever and Dismiss Claims, (Doc. 37), is GRANTED. The Court hereby severs and dismisses only Plaintiff’s claims for compensatory and punitive damages. IT IS SO ORDERED. s/ Algenon L. Marbley ALGENON L. MARBLEY UNITED STATES DISTRICT JUDGE DATED: January 13, 2017 1

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