Advocare International LP v. Scheckenbach et al

Filing 335

ORDER granting 288 Plaintiff's Motion for Partial Summary Judgment Re Affirmative Defenses 12, 16 and 17, signed by Judge Ronald B. Leighton.(DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. RICHARD PAUL SCHECKENBACH, et al., Defendants. ADVOCARE INTERNATIONAL, L.P., a Texas limited partnership, Plaintiff,

HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA Case No. C08-5332 RBL

ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT [Dkt. #288]

THIS MATTER comes before the Court on Plaintiff's Motion for Partial Summary Judgment [Dkt. #288]. Plaintiff AdvoCare moves this Court for summary judgment dismissal of three of Defendants' affirmative defenses. The Court has reviewed the materials, and hereby GRANTS Plaintiff's Motion. The affirmative defenses [Nos. 12, 16, 17, in Dkt. #s 276, 277, 278] asserted by R-Squared Nutrition Inc., Breakthrough Nutrition, and Ascential Bioscience, LLC, relating to the Texas judgment being obtained by fraud and the adjudication of Scheckenbach's absence of fraud are DISMISSED. The reasons for the Court's Order are outlined in its Order [Dkt. #307] Granting Plaintiff's substantially identical Motion for Summary Judgment filed by a different subset of Defendants [Dkt. #275]. IT IS SO ORDERED. DATED this 13th day of August, 2010.

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RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

ORDER