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Champion Laboratories, Inc v. Parker-Hannifin Corporation and Parker

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


May 27, 2011

CHAMPION LABORATORIES, INC., PLAINTIFF,
v.
PARKER-HANNIFIN CORPORATION AND PARKER INTANGIBLES LLC,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Oliver W. Wanger

ORDER DISMISSING COUNTS 1-4 OF PLAINTIFF'S COMPLAINT

Upon Consideration of Defendants Parker-Hannifin Corporation and Parker Intangibles LLC's Motion to Dismiss, Plaintiff Champion Laboratories, Inc.'s Opposition to Motion to Dismiss, Defendants' Reply in Support of Their Motion to Dismiss, and argument thereupon, this Court issued a Memorandum Opinion on May 17, 2011, dismissing Plaintiff's false marking claims, Lanham Act claim, and California Business & Professions Code Section 17200 claim against Defendants (Doc. 42).

IT IS HEREBY ORDERED that Plaintiff's false marking claims (Counts 1 and 2 of Plaintiff's Complaint) are DISMISSED WITH PREJUDICE; Plaintiff's Lanham Act claim (Count 3 of Plaintiff's Complaint) is DISMISSED WITHOUT PREJUDICE; and Plaintiff's claim under California Business & Professions Code Section 17200 (Count 4 of Plaintiff's Complaint) isted w ith pdfFactory trial version www.pdffactory.com

DISMISSED WITHOUT PREJUDICE.

Any amended complaint shall be filed by June 6, 2011, and Defendants shall have twenty (20) days to respond to any amended complaint.

IT IS SO ORDERED.

OLIVER W. WANGER United States District Court Judge

20110527

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