Summary
finding the plaintiff had not presented a triable issue of fact as to whether the false marketing caused plaintiff to lose sales when plaintiff did not have "testimony from a single consumer stating that Defendant's claim . . . influenced its decision not to buy Plaintiff's products"
Summary of this case from Quidel Corp. v. Siemens Med. Sols. U.S.Opinion
NO. CV 09-09516 SJO (OPx)
12-12-2011
U.S. Rubber Recycling, Inc., a California Corporation, Plaintiff, v. ECORE International, Inc., a Pennsylvania Corporation, Defendant.
JUDGMENT
This action came before the Court on Defendant ECORE International Inc.'s Motion for Summary Judgment. Having carefully considered all the pleadings, documentary evidence, and arguments,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant's Motion for Summary Judgment is granted. Plaintiff U.S. Rubber Recycling, Inc. shall take nothing by way of its Complaint in this matter, and the action is dismissed on the merits.
IT IS SO ADJUDGED.
____________________
S. JAMES OTERO
UNITED STATES DISTRICT JUDGE