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Concrete Washout Systems, Inc. v. Neaton Companies

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 24, 2009

CONCRETE WASHOUT SYSTEMS, INC., A CALIFORNIA CORPOATION PLAINTIFF,
v.
NEATON COMPANIES, LLC, A LIMITED LIABILITY COMPANY, AND DOES 1-100, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

Pending is Defendant's motion to dissolve a preliminary injunction issued on October 22, 2008. The matter was fully brief and heard on February 23, 2009. On April 3, 2009, Defendant filed a Notice of Authority, citing Static Control Components Inc. v. Lexmark International, Inc., No. 5:02-571, 5:04-84, 2009 WL 891811 (E.D. Ky. Mar. 31, 2009). Since the Static Control Components decision was issued after the hearing on the motion, the Court will consider this decision in its ruling. See Smith v. Pac. Bell Tel. Co., No. CV-F-06-1756, 2008 WL 4779554, at *1 (E.D. Cal. Oct. 27, 2008) (stating the court would consider supplemental authority submitted by a party after oral argument and granting opposing party an opportunity to file responsive papers). Plaintiff is given an opportunity to file a responsive brief to Defendant's Notice of Authority on or before May 1, 2009.

20090424

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