THE SCOOTER STORE, INC. v. SpinLIFE.COM, LLC, 2:10-CV-0018-ALM-MRA. (2016)
Court: District Court, S.D. Ohio
Number: infdco20160719b07
Visitors: 3
Filed: Jul. 18, 2016
Latest Update: Jul. 18, 2016
Summary: ORDER OF (1) DISMISSAL WITH PREJUDICE OF ALL AFFIRMATIVE CLAIMS SET OUT IN THE FIRST AMENDED COMPLAINT OF PLAINTIFFS/COUNTERCLAIM DEFENDANTS THE SCOOTER STORE, INC. AND THE SCOOTER STORE, LTD.; (2) JUDGMENT ON BEHALF OF DEFENDANT/COUNTERCLAIM PLAINTIFF SPINLIFE.COM, LLC ON COUNTS III AND V SET OUT IN SPINLIFE.COM, LLC'S FIRST AMENDED COUNTERCLAIM; (3) DISMISSAL WITHOUT PREJUDICE OF COUNTS I, II, IV AND VI SET OUT IN DEFENDANT/COUNTERCLAIM PLAINTIFF SPINLIFE.COM, LLC'S FIRST AMENDED COUNTERCLAIM;
Summary: ORDER OF (1) DISMISSAL WITH PREJUDICE OF ALL AFFIRMATIVE CLAIMS SET OUT IN THE FIRST AMENDED COMPLAINT OF PLAINTIFFS/COUNTERCLAIM DEFENDANTS THE SCOOTER STORE, INC. AND THE SCOOTER STORE, LTD.; (2) JUDGMENT ON BEHALF OF DEFENDANT/COUNTERCLAIM PLAINTIFF SPINLIFE.COM, LLC ON COUNTS III AND V SET OUT IN SPINLIFE.COM, LLC'S FIRST AMENDED COUNTERCLAIM; (3) DISMISSAL WITHOUT PREJUDICE OF COUNTS I, II, IV AND VI SET OUT IN DEFENDANT/COUNTERCLAIM PLAINTIFF SPINLIFE.COM, LLC'S FIRST AMENDED COUNTERCLAIM; ..
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ORDER OF (1) DISMISSAL WITH PREJUDICE OF ALL AFFIRMATIVE CLAIMS SET OUT IN THE FIRST AMENDED COMPLAINT OF PLAINTIFFS/COUNTERCLAIM DEFENDANTS THE SCOOTER STORE, INC. AND THE SCOOTER STORE, LTD.; (2) JUDGMENT ON BEHALF OF DEFENDANT/COUNTERCLAIM PLAINTIFF SPINLIFE.COM, LLC ON COUNTS III AND V SET OUT IN SPINLIFE.COM, LLC'S FIRST AMENDED COUNTERCLAIM; (3) DISMISSAL WITHOUT PREJUDICE OF COUNTS I, II, IV AND VI SET OUT IN DEFENDANT/COUNTERCLAIM PLAINTIFF SPINLIFE.COM, LLC'S FIRST AMENDED COUNTERCLAIM; AND (4) WITHDRAWAL, WITHOUT PREJUDICE TO REFILING, OF THE MOTION OF DEFENDANT/COUNTERCLAIM PLAINTIFF SPINLIFE.COM, LLC FOR INTERIM ATTORNEYS' FEES
ALGENON L. MARBLEY, District Judge.
The Court being informed, it is hereby ORDERED, ADJUDGED AND DECREED that:
1) All of the affirmative claims set out in the First Amended Complaint (Doc. 4) of plaintiffs/counterclaim defendants The Scooter Store, Inc. and The Scooter Store, Ltd. are dismissed with prejudice for the reasons stated in the Court's December 21, 2011 Opinion and Order (Doc. 140) and the Court's September 28, 2012 Opinion and Order (Doc. 152).
2) Judgment is entered on behalf of defendant/counterclaim plaintiff SpinLife.com, LLC on Counts III & V of defendant/counterclaim plaintiff SpinLife.com, LLC's First Amended Counterclaim (Doc. 61), for the reasons stated in the Court's December 21, 2011 Opinion and Order (Doc. 140).
3) Counts I, II, IV and VI set out in defendant/counterclaim plaintiff SpinLife.com, LLC's First Amended Counterclaim (Doc. 61) are dismissed without prejudice.
4) The Motion of Defendant/Counterclaim Plaintiff SpinLife.com, LLC for Interim Attorneys' Fees (Doc. 160) is withdrawn, without prejudice to it being refiled.
IT IS SO ORDERED.
Source: Leagle
