The opinion of the court was delivered by: The Honorable Dean D. Pregerson United States District Judge
The Honorable Dean D. Pregerson
On April 1, 2008, the Court granted the motion by specially appearing Defendant Drew Industries Incorporated to dismiss for lack of personal jurisdiction. (Docket No. 172)
On May 18, 2009, as modified by an Order dated August 26, 2009, the Court granted the motion by Defendants Kinro, Inc. and Kinro Texas Limited Partnership for summary judgment as to all claims in Plaintiffs' Second Amended Class Action Complaint For Damages And Equitable Relief ("Second Amended Complaint," Docket No. 147), except for a claim based upon the unfair prong of the California Unfair Competition Law, California Business and Professions Code Section 17200 (the "UCL Claim"). (Docket Nos. 349, 363)
Also on May 18, 2009, as modified by an Order dated August 26, 2009, the Court granted the motion by Plaintiffs to certify a class under Federal Rule of Civil Procedure 23(b) for the UCL Claim. (Docket Nos. 348, 363) No notice has been sent to the class under Federal Rule of Civil Procedure 23(c).
On October 7, 2010, the Court entered its Order dismissing defendants Skyline Corporation and Skyline Homes, Inc. with prejudice, pursuant to stipulation. (Docket No. 392.
On September 30, 2010, the Court entered its Order on the Motion For Summary Judgment, Or In The Alternative, Motion To De-Certify Class, filed By Defendants Kinro, Inc. and Kinro Texas Limited Partnership, granting the Motion for Summary Judgment. Accordingly,
IT IS ORDERED, ADJUDGED, AND DECREED that:
1. Plaintiffs Victoria Gonzalez and Robert Royalty ("Plaintiffs") recover nothing on their Second Amended Complaint;
2. The action be, and hereby is, dismissed on the merits in its entirety with prejudice; and
3. Defendants Drew Industries Incorporated, Kinro, Inc., and Kinro Texas Limited Partnership shall recover their costs of suit herein.
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