The opinion of the court was delivered by: Hon. James V. Selna
JUDGMENT BETWEEN EDCO PLASTICS, INC. AND DISPENSING DYNAMICS INTERNATIONAL
Plaintiff EDCO Plastics, Inc.'s ("EDCO") breach of contract and fraud claims against Defendant Dispensing Dynamics International ("DDI") came for hearing before the Court on January 7, 2013 and March 18, 2013, respectively, Hon. James V. Selna, District Judge, presiding. EDCO's breach of contract and fraud claims were presented to the Court on Motions to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1), respectively. The matters being fully briefed, the evidence having been fully considered, the issues having been duly heard, oral argument having been duly received, and decisions having been duly rendered in opinions dated January 7, 2013 (Docket No. 46) and March 18, 2013 (Docket No. 63),
IT IS ORDERED AND ADJUDGED that EDCO take nothing in this Court as to its claims against DDI, and that the action be dismissed (with prejudice as to EDCO's breach of contract claim against DDI, and without prejudice as to EDCO's fraud claim against DDI), and that, for purposes of this action, in this Court, DDI is the prevailing party on both of EDCO's claims against DDI.
Hon. James V. Selna United States District Judge
I hereby certify that on March 21, 2013, I electronically filed the foregoing document with the clerk of court for the U.S. District Court, Central District of California, using the electronic case filing system of the court. The electronic case filing system sent a Notice of Electronic Filing to the following attorney of record who has consented in writing to accept this Notice as service of this document by electronic means:
David R. Flyer, Esq. A Professional Law Corporation 4120 Birch St., Suite 101 Newport Beach, California 92660 (949) 622-8444 (949) 622-8448 (fax) DavidFlyerPLC@aol.com Eric B. Alspaugh Law Office of Eric B. Alspaugh 1100 Quail Street, Suite 202 Newport Beach, California 92660 (949) 716-5932 (office) Eric.Alspaugh@cox.net
FEDERAL: I declare, under penalty of perjury under the laws of the United States of America that the foregoing is true and that I am employed in the office of a member of the Bar of this Court at whose direction the service was made.
Executed on March 21, 2013, at Santa Monica, California.
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