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17-135 - SPROUT RETAIL, INC. v. USCONNECT LLC


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17-135 - SPROUT RETAIL, INC. v. USCONNECT LLC
April 10, 2017
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MEMORANDUM AND ORDER. Defendant's motion to dismiss Plaintiff's second-filed complaint under Fed. R. Civ. P. 12(b)(1) and 12(b)(2) (see Dkt. No. 6) is rendered moot; Defendant's motion to dismiss Plaintiffs amended second-filed complaint (see Dkt. No. 8) Fed. R. Civ. P. 12(b)(1) and 12(b)(2) is DENIED; Plaintiff's motion for preliminary injunction under Fed. R. Civ. P. 65 (see Dkt. No. 9) is GRANTED IN-PART and DENIED IN-PART; USConnect is enjoined from using Sprout's pre-coded payment cards issued by the Heartland Payment Systems under the Service Agreement; USConnect's motion for leave to file a sur-reply (see Dkt. No. 21) is DENIED. Signed by Judge Peter G. Sheridan on 4/10/2017. (mmh) Modified on 4/10/2017 (eaj, ).