Nirvana, Inc. v. Nestle Waters North America Inc.
||Nestle Waters North America Inc.
||September 26, 2014
||US District Court for the Northern District of New York
||Andrew T. Baxter
||Mae A. D'Agostino
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1441
|Jury Demanded By:
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|August 10, 2015
MEMORANDUM-DECISION AND ORDER granting in part and denying in part 23 Motion to Dismiss: The Court hereby ORDERS that Defendant's motion to dismiss pursuant to section 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 23) is GRANTE D with regard to Plaintiff's claims for 1. violation of section 2 (a) of the Robinson-Patman Act, 15 U.S.C. § 13(a), 2. violation of section 2 (c) of the Robinson-Patman Act, 15 U.S.C. § 13(c), 3. violation of section 3 of the Clayton Act, 15 U.S.C. § 14, 4. violation of the New York Donnelly Act, N.Y. General Business Law § 340, and 5. New York common law claim for tortious interference; and the Court further ORDERS that Defendant's motion to dismiss pursuant t o section 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 23) is DENIED with regard to Plaintiff's claims for 1. New York common law claim for unfair competition, and 2. New York common law breach of contract; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 8/10/15. (ban)
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