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Dollar Tree Stores Inc v. Toyama Partners LLC

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


February 21, 2012

DOLLAR TREE STORES INC,
PLAINTIFF,
v.
TOYAMA PARTNERS LLC, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Susan Illston United States District Judge

ORDER DIRECTING FURTHER BRIEFING

The Court directs the parties to file supplemental briefs on the issue of what remedies are 15 available to Dollar Tree if the Court finds the liquidated damages provision unenforceable. The Court 16 is interested in whether there is any authority specifically addressing the situation where parties have 17 contractually agreed to limit remedies to liquidated damages and the liquidated damages provision is 18 later held unenforceable. The parties shall file supplemental briefs of no more than ten pages by 19 February 27, 2012.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20120221

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