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16-11490 - WD Encore Software, LLC v. The Software MacKiev Company


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16-11490 - WD Encore Software, LLC v. The Software MacKiev Company
March 17, 2016
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-CLERK TO FOLLOW UP- DECISION AND ORDER granting in part and denying in part 6 Motion to Dismiss as follows: (1) Defendants request to transfer venue of this action to the District of Massachusetts is granted. The Clerk of the Court is directed to take all necessary steps to transfer this matter; (2) Defendants request to dismiss the action under the doctrine of forum non conveniens is denied with prejudice; (3) Defendants request to dismiss the action for failure to join HMH as a necessary and indispensable party under Rule 19(a) is denied without prejudice with leave to renew in the transferee forum; and (4) Defendants request to dismiss the count of the Complaint alleging a violation of Section 32(1) of the Lanham Act on the basis that Plaintiff does not have standing is denied without prejudice with leave to renew in the transferee forum. (The Clerk of the Court is directed to take all necessary steps to transfer this matter to the District of Massachusetts and to close this case on this Court's docket.) Signed by Hon. Michael A. Telesca on 3/17/16. (JMC)
August 3, 2017
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Judge William G. Young: ORDER entered. MEMORANDUM AND ORDER: "... Accordingly, this Court denies summary judgment on MacKiev's first counterclaim."(Gaudet, Jennifer)