UNIVERSAL ELECTRIC CORPORATION v. BALDWIN et al
| UNIVERSAL ELECTRIC CORPORATION |
| MARK H. BALDWIN, BALDWIN TECHNOLOGIES, INC., BUSWAY SOLUTIONS, LLC, DIRECT POWER TECHNOLOGIES, INC. and ENGINEERED PRODUCTS CO. |
| 2:2017cv00842 |
| June 26, 2017 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Washington |
| Joy Flowers Conti |
| Trademark |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
45
MEMORANDUM OPINION & ORDER: IT IS ORDERED THAT: 1. Defendants Mark H. Baldwin (Baldwin), Baldwin Technologies, Inc. (BTI), Busway Solutions, LLC (Busway Solutions), Direct Power Technologies, Inc. (Direct Power)s motion 37 to dismiss all Counts of Plaintiff Universal Electric Corporation (UEC)s amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), or alternatively, for a more definite statement under Federal Rule of Civil Procedure 12(e) is GRANTED IN PART and DENIED IN PART as follows: a. The motion to dismiss Counts I, II, III, and V of the amended complaint is DENIED; b. The motion to dismiss Count IV asserted against Busway Solutions and Count VI is GRANTED without prejudice to the right of UEC to file a second amend ed complaint that corrects the pleading deficiencies identified in the corresponding Memorandum within twenty-one (21) days from the date of this Order; and c. The motion to dismiss Count VII of the amended complaint with prejudice is GRANTED; 2. Def endant Engineered Products Company, doing business as PDU Cables (PDU Cables)s motion to dismiss Counts I, V, VI, and VII of UECs amended complaint is GRANTED IN PART and DENIED IN PART as follows:a. The motion to dismiss Counts I and V of the amende d complaint is DENIED; b. The motion to dismiss Count VI of the amended complaint is GRANTED without prejudice to the right of UEC to file a second amended complaint that corrects the pleading deficiencies identified in the corresponding Memorandum w ithin twenty-one (21) days from the date of this Order; and; c. The motion to dismiss Count VII of the amended complaint with prejudice is GRANTED; 3. Defendant PDU Cables motion 18 to dismiss the complaint is DENIED AS MOOT; and,4. Defendants Baldwin, BTI, and Direct Power, and Busway Solutions motion 25 to dismiss UECs complaint is DENIED AS MOOT. Signed by Judge Yvette Kane on 8/3/18. (Attachments: # 1 ORDER) (rwMD)
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