Gentex Corporation v. Helicopter Helmets, LLC

Filing 22

ORDER (memorandum filed previously as separate docket entry), ORDER STAYING CASE - IT IS HEREBY ORDERED that Defendant's Motion to Dismiss [#9] is granted; Plaintiff is granted leave to amend as indicated in the accompanying Memorandum Opinion; proceedings on Count IV of Plaintiff's Complaint are STAYED pending resolution of Helicopter Helmets v. Gentex Co., No. 1:17-CV-00479 (D. Del.), but if Plaintiff does not amend its complaint within 21 days from the date of this order, the Clerk is ordered to transfer this case to the United States District Court, District of Delaware. (see order for further/complete details) Signed by Honorable Matthew W. Brann on 2/12/18. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GENTEX CORPORATION,

No. 4:17-CV-01136

Plaintiff.

(Judge Brann)

v.
HELICOPTER HELMETS, LLC,
Defendant.
ORDER
AND NOW, this 12th day of February 2018, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1.

Defendant’s Motion to Dismiss, ECF No. 9, is GRANTED as
follows:
a. Count I of Plaintiff’s Complaint, ECF No. 1, is DISMISSED
WITHOUT PREJUDICE, but Plaintiff is GRANTED leave to
amend that claim as indicated in the accompanying Memorandum
Opinion no later than twenty-one days from the date of this
Order.
b. Count II of Plaintiff’s Complaint is DISMISSED WITH
PREJUDICE.

c. Count III of Plaintiff’s Complaint is DISMISSED WITHOUT
PREJUDICE, but Plaintiff is GRANTED leave to amend that
claim as indicated in the accompanying Memorandum Opinion no
later than twenty-one days from the date of this Order.
d. Proceedings on Count IV of Plaintiff’s Complaint are STAYED
pending resolution of Helicopter Helmets v. Gentex Co., No. 1:17CV-00479 (D. Del.), but if Plaintiff does not amend its complaint
within twenty-one days from the date of this Order, the Clerk of
Court is ordered to TRANSFER this case to the United States
District Court for the District of Delaware.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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