Metal Lite, Inc. v. Brady Construction Innovations, Inc.

Good Law

558 F. Supp. 2d 1084·2007 WL 5193628·2007 U.S. Dist. LEXIS 97978

United States District Court, Southern District of CaliforniaSeptember 25, 2007CV 06-5840 AHS (MLGx)California5,048 words

Opinion

Stotler, J.

ORDER (1) DISMISSING AS MOOT METAL LITE’S EIGHTH, NINTH, AND TENTH CAUSES OF ACTION FOR DECLARATORY JUDGMENT; AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT

I. PROCEDURAL HISTORY

On September 14, 2006, Plaintiff Metal Lite, Inc. (“Metal Lite”) filed the Complaint in this action. On October 5, 2006, Defendant Brady Construction Innovations, Inc. (“Brady”) filed a Motion to Dismiss Complaint. On November 13, 2006, Metal Lite filed opposition. On November 20, 2006, Brady filed a reply thereto.

Before a ruling was made on the above motion, Metal Lite filed a First Amended Complaint (“FAC”) on January 10, 2007. On January 26, 2007, Brady filed a Motion to Dismiss Plaintiffs First Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), and, in the alternative, Motion for Summary Judgment (“Motion to Dismiss FAC”). On February 1, 2007, the Court denied as moot the first motion, Brady’s Motion to Dismiss Complaint. On February 12, 2007, Metal Lite filed opposition to Brady’s Motion to Dismiss FAC. On February 20, 2007, Brady filed a reply thereto. On June 6, 2007, the Court took Brady’s Motion to Dismiss FAC…

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