October 15, 2013
POWER RESTORATION INTERNATIONAL, INC., Plaintiff,
PEPSICO, INC., et al., Defendants.
GENE E.K. PRATTER, District Judge.
AND NOW, this 11th day of October, 2013, upon consideration of Defendants' Motion to Dismiss (Docket No. 9), Plaintiff's Opposition thereto (Docket No. 11), and the Defendants' reply briefs (Docket Nos. 15, 26), as well as the representations of counsel at oral argument on October 4, 2012, it is hereby ORDERED that Defendants' Motion is GRANTED in part, and DENIED in part as follows:
1. Defendants' Motion is GRANTED as to Count III, and Count III is DISMISSED with prejudice.
2. Defendants' Motion is GRANTED as to Count IV, and Count IV is DISMISSED without prejudice.
3. Defendants' Motion is DENIED as to Count I and Count II.
4. Plaintiff may file an amended complaint no later than 14 days from the date of this Order.
5. Defendants' responses to the amended complaint shall be due on or before November 1, 2013.