Brosnan

Brosnan v. TRADELINE SOLUTIONS, INC.

Good Law
681 F. Supp. 2d 1094·2010 WL 289186·2010 U.S. Dist. LEXIS 3408
United States District Court, Northern District of CaliforniaJanuary 15, 2010C-08-0694 JCSCalifornia6,148 words

Opinion

Opinion

Spero, J.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

[Docket No. 109]

I. INTRODUCTION

Before the Court is a motion for summary judgment filed by Defendant Ted Stearns (hereafter “Defendant”). The parties have consented to the jurisdiction of this Court. A hearing was held on January 15, 2010. As explained in greater detail below, the motion for summary judgment is GRANTED.

II. BACKGROUND

Plaintiff John Brosnan (“Plaintiff’) filed this action on January 30, 2008, alleging that Defendants engaged in unfair business practices in connection with the sale of “tradelines.” Plaintiff filed an amended complaint on August 15, 2008, asserting a claim under the Lanham Act, 15 U.S.C. § 1125 (a), as well as claims under state law. On September 12, 2008, Defendants filed a Motion to Dismiss and a Motion to Strike. In the Motion to Dismiss, Defendants asserted that all of Plaintiffs claims in the First Amended Complaint are defective and should be dismissed. Plaintiff filed no opposition to either motion. The Court granted the Motion to Dismiss and the Motion to Strike and dismissed Plaintiffs Complaint with leave to amend to address the defects cited in Defendants’ Motions.

On November 17, 2008,…

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