Insuremax Insurance Agencies Inc et al v. Shanze Enterprises Inc
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|Date Filed||#||Document Text|
|August 7, 2013
Memorandum Opinion and Order granting 10 Motion to Dismiss Permissive Counterclaims Under FRCP 12(b)(1); granting 11 Motion to Dismiss Claims Under FRCP 12(b)(6) and 12(b)(1) & Motion to Strike Defenses Under FRCP 12(f). Baja h as failed to establish that this Court has either original or supplemental jurisdiction over its counterclaim for tortious interference, or that it has standing to assert its counterclaims for cancellation of the A-MAX mark or for a declaratory ju dgment of non-infringement or invalidity of the A-MAX mark. Those counterclaims are therefore DISMISSED without prejudice. Plaintiffs concede the challenged affirmative defenses and request for attorney's fees under the TDJA should be removed . Accordingly, the request for attorney's fees is DISMISSED, and the affirmative defenses are STRICKEN. As set forth in the Court's 7/17/2013, Scheduling Order, the parties may freely amend their pleadings without seeking leave until 10/25/2013. (Ordered by Judge Barbara M.G. Lynn on 8/7/2013) (axm)
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