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08-1285 - Cengage Learning, Inc. v. Earl et al


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08-1285 - Cengage Learning, Inc. v. Earl et al
November 10, 2008
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ORDER denying 37 Motion for Sanctions; granting in part and denying in part 20 Motion to Dismiss. The Motion to Dismiss is GRANTED as to Count V and Count VI of the Complaint; The Motion to Dismiss is DENIED WITHOUT PREJUDICE as to the remedy of rescission requested with respect to Count XII of the complaint. Counts V and VI of the Complaint (Doc. No. 1) are DISMISSED WITH PREJUDICE. Defendant Earl's Motion for Sanctions (Doc. No. 37) is DENIED. Plaintiff Cengage Learning, Inc.'s request for sanctions is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 11/10/08. (GMO)