MCMAHON v. REFRESH DENTAL ALLIANCE et al
| SUSAN MCMAHON |
| REFRESH DENTAL ALLIANCE, PROFESSIONAL DENTAL ALLIANCE, LLC., NORTH AMERICAN DENTAL MANAGEMENT, LLC, ANDREW MATTA and BRITTANY DAVIS |
| 2:2016cv00170 |
| February 16, 2016 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Cathy Bissoon |
| Cynthia Reed Eddy |
| Trademark |
| 15 U.S.C. ยง 1125 |
| Plaintiff |
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Filing
37
MEMORANDUM & ORDER. For the reasons stated in the Memorandum & Order filed herewith, Defendants' motion to abstain under Colorado River is DENIED, and Defendants' motion to dismiss is GRANTED. Count I of the Amended Complaint, asserting a federal cause of action under the Lanham Act, is hereby DISMISSED without prejudice. Counts II through VII of the Amended Complaint, asserting state law causes of action, are hereby DISMISSED without prejudice to Plaintiff reasserting these claims i n a Second Amended Complaint containing a viable federal claim, or in state court if no viable federal claim exists in this Court. If Plaintiff wishes to file a Second Amended Complaint, she may do so on or before December 27, 2016. If no amended complaint is filed by that date, the Court will dismiss this case, with prejudice, consistent with this Order. Signed by Judge Cathy Bissoon on 12/13/2016. (kg)
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