Mycles Cycles, Inc. v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MYCLES CYCLES, INC. dba SAN Case No.: 18-CV-314 JLS (AGS)

DIEGO HARLEY DAVIDSON,

ORDER GRANTING IN PART AND

Plaintiff, DENYING IN PART DEFENDANT’S v. AMENDED MOTION FOR

SUMMARY JUDGMENT

UNITED STATES OF AMERICA,

15 Defendant. (ECF No. 19) 16 17 Presently before the Court is Defendant and Counter Claimant the United States of America’s Amended Motion for Summary Judgment (“MSJ,” ECF No. 19). Plaintiff and Counter Defendant Mycles Cycles, Inc. dba San Diego Harley Davidson filed a Response in Opposition to (“Opp’n,” ECF No. 22) and the United States filed a Reply in Support of (“Reply,” ECF No. 26) the Motion. After reviewing the Parties’ arguments, the evidence, and the law, the Court rules as follows. /// /// /// /// /// BACKGROUND Plaintiff Mycles Cycles is a family owned Harley Davidson Dealership that has been operating in San Diego, California, since 1993. MSJ at 9. …