PROTICA, INC. v. ISATORI TECHNOLOGIES, LLC

Filing 37

ORDER THAT THE MOTION OF PLAINTIFF PROTICA, INC. TO DISMISS COUNT IV OF THE AMENDED COUNTERCLAIM OF DEFENDANT iSATORI TECHNOLOGIES, LLC IS GRANTED. IT IS FURTHER ORDERED THAT COUNT IV OF THE AMENDED COUNTERCLAIM FILED BY DEFENDANT iSATORI TECHNOLOGIES, LLC IS DISMISSED. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 3/29/2012. 3/30/2012 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PROTICA, INC.
Plaintiff
v.
iSATORI TECHNOLOGIES, LLC
Defendant

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Civil Action
No. 2011-cv-01105

O R D E R
Now, this 29th day of March, 2012, upon consideration
of the following:
(1)

Plaintiff’s Motion to Dismiss Count IV of
Defendant’s Amended Counterclaim Pursuant to
Fed.R.Civ.P. 12(b)(6), which motion was filed
June 30, 2011 (Document 21); together with,
(a)

(2)

Memorandum of Law in Support of Plaintiff’s
Motion to Dismiss Count IV of Defendant’s
Amended Counterclaim Pursuant to
Fed.R.Civ.P. 12(b)(6)(Document 21);

iSatori Technologies, LLC’s Response to
Plaintiff’s Motion to Dismiss Count IV of the
Counterclaim, which response was filed July 25,
2011 (Document 23); together with,
(a)

Memorandum of Law in Support of iSatori
Technologies, LLC’s Response to Plaintiff’s
Motion to Dismiss Count IV of the
Counterclaim (Document 23);

(3)

Plaintiff’s Memorandum of Law in Reply to
Defendant’s Opposition to Plaintiff’s Motion to
Dismiss, which memorandum was filed with leave of
court on August 3, 2011 (Document 26); and

(4)

iSatori Technologies, LLC’s Surreply in Support of
Its Opposition to Plaintiff’s Motion to Dismiss
Count IV of the Counteclaim, which surreply was
filed with leave of court on August 15, 2011
(Document 30);

and for the reasons discussed in the accompanying Opinion,
IT IS ORDERED that the motion of plaintiff Protica,
Inc. to dismiss Count IV of the Amended Counterclaim of defendant
iSatori Technologies, LLC is granted.
IT IS FURTHER ORDERED that Count IV of the Amended
Counterclaim filed by defendant iSatori Technologies, LLC is
dismissed.
BY THE COURT:
/s/ James Knoll Gardner
James Knoll Gardner
United States District Judge

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