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Hollander v. Etymotic Research

July 14, 2010

BENTLEY A. HOLLANDER, PLAINTIFF,
v.
ETYMOTIC RESEARCH, INC., DEFENDANT.



The opinion of the court was delivered by: Hon. Petrese B. Tucker, U.S.D.J.

ORDER

AND NOW, this _____ day of July, 2010, upon consideration of Defendant Etymotic Research, Inc.'s Motion to Dismiss or Transfer (Doc. 13); Plaintiff Bentley Hollander's Response in Opposition thereto (Doc. 14); Defendant's Motion to File a Reply (Doc. 15); and Plaintiff's Response in Opposition thereto (Doc. 16),

IT IS HEREBY ORDERED and DECREED that Defendant's Motion to Dismiss or Transfer is GRANTED IN PART and DENIED IN PART as follows:

1. Defendant's Motion to Dismiss or Transfer is GRANTED to the extent that Plaintiff's Complaint is DISMISSED for failure to state with particularity the circumstances constituting Defendant's alleged false marking.

2. Defendant's Motion to Dismiss or Transfer is otherwise DENIED.

3. On or before Monday, July 26, 2010, Plaintiff may submit an amended complaint that complies with Fed. R. Civ. P. 9(b).

IT IS FURTHER ORDERED that Defendant's Motion for Leave to Reply is DENIED.

20100714

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