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08-435 - TEGG CORPORATION v. BECKSTROM ELECTRIC CO. et al


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08-435 - TEGG CORPORATION v. BECKSTROM ELECTRIC CO. et al
July 1, 2008
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MEMORANDUM OPINION AND ORDER indicating that, for the reasons stated more fully in said Opinion and Order, Defendant Beckstroms Motion to Dismiss 39 and Extensias Motion to Dismiss 42 are granted in part and denied in part. Defendants motions to dismiss Plaintiffs copyright infringement claims are granted, without prejudice, and Plaintiff is granted leave to file an Amended Complaint on or before July 30, 2008. Defendants motions to dismiss Plaintiffs state common law claims are denied, without prejudice, except that Plaintiffs unjust enrichment claims are hereby dismissed, without prejudice. Plaintiffs Motion for a Preliminary Injunction 36 is denied, without prejudice. Finally, Plaintiffs Motion for Expedited Discovery and Status Conference 44 is granted in part and denied in part. Plaintiffs motion is denied to the extent that it requests expedited discovery. However, Plaintiffs motion is granted to the extent that it requests that the Court schedule a status conference. The Court hereby orders that a status/case management conference is scheduled on August 20, 2008 at 2:30 p.m. Signed by Judge Nora Barry Fischer on 7/1/08. (jg)
November 26, 2008
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MEMORANDUM OPINION re 60 MOTION to Dismiss filed by BECKSTROM ELECTRIC CO., and 63 MOTION to Dismiss filed by EXTENSIA TECHNOLOGIES, INC., details more fully stated in said Opinion, An appropriate Order follows. Signed by Judge Nora Barry Fischer on 11/26/2008.(bk)
December 10, 2008
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MEMORANDUM OPINION indicating that, for the reasons more fully stated in said Opinion, Beckstroms Motion for Sanctions 76 is denied. While the Court has previously found various pleading deficiencies in Plaintiffs Complaint and Verified Amended Complaint, it does not appear to the Court that the filing of Plaintiffs Complaint and Verified Amended Complaint constituted abusive litigation or misuse of the courts process. Simmerman, 27 F.3d at 62. The purpose of Rule 11 is to target abusive litigation and deter patently unmeritorious claims. Plaintiffs claims are neither abusive nor frivolous. Id. Accordingly, the Court finds that Beckstroms request for sanctions is not warranted at this time. Fed. R.Civ. P. 11(b)(2) and (3). An appropriate Order follows. Signed by Judge Nora Barry Fischer on 12/10/08. (jg)