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07-2253 - American Plastic Equipment, Inc. v. Toytrackerz, LLC et al


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07-2253 - American Plastic Equipment, Inc. v. Toytrackerz, LLC et al
March 31, 2008
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ORDER granting 20 Motion to Dismiss Counts II-IX for Failure to State a Claim. Counts II-IX of the Complaint are dismissed with prejudice. Signed by Magistrate Judge David J. Waxse on 3/31/2008. (bh)
March 31, 2008
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MEMORANDUM AND ORDER denying without prejudice 22 Motion to Dismiss and for Sanctions. The motion, to the extent it seeks dismissal of Count I for failure to state a claim, is denied without prejudice, provided that Plaintiff cures its procedural pleading deficiencies in accordance with this Order by timely filing an amended complaint within ten (10) days of the date of this Order. In the event Plaintiff fails to timely file such an amended complaint, the motion to dismiss for failure to state a claim will be granted and Count I will be dismissed with prejudice. Defendants Motion, to the extent it seeks dismissal of Count I for lack of subject matter jurisdiction, is denied without prejudice to refiling the motion as one for summary judgment. To the extent the motion seeks sanctions pursuant to 28 U.S.C. 1927, it is denied without prejudice as premature. Signed by Magistrate Judge David J. Waxse on 3/31/2008. (bh) (Modified on 4/2/2008 to reflect this is not a text entry only -- a document is attached. (mg))
July 29, 2008
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NOTICE AND ORDER TO SHOW CAUSE. Plaintiff American Plastic Equipment, Inc. is required to show cause, in a pleading filed by 8/13/08, why Counts II-X of its First Amended Complaint (doc. 49) should not be stricken. Signed by Magistrate Judge David J. Waxse on 7/29/08. (mh)
March 31, 2009
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MEMORANDUM AND ORDER granting in part and denying in part 69 Motion to Disqualify Counsel. Signed by Magistrate Judge David J. Waxse on 3/31/09. (mh)
March 31, 2009
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MEMORANDUM AND ORDER granting 50 Defendant's Motion for Summary Judgment. Signed by Magistrate Judge David J. Waxse on 3/31/09. (mh)
March 31, 2010
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MEMORANDUM AND ORDER denying 94 motion for reconsideration, construed as a motion for relief from judgment. Signed by Magistrate Judge David J. Waxse on 3/31/10. (mh)
March 31, 2010
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MEMORANDUM AND ORDER denying 86 Motion for Attorney Fees. Signed by Magistrate Judge David J. Waxse on 3/31/10. (mh)