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LAMKE v. SUNSTATE EQUIPMENT CO., LLC

No. C-03-4956 EMC.

387 F.Supp.2d 1044 (2004)

Joseph LAMKE, Plaintiff, v. SUNSTATE EQUIPMENT CO., LLC, Defendant.

United States District Court, N.D. California.

September 22, 2004.

Attorney(s) appearing for the Case

Lisa R. Roberts, McNamara Dodge Ney Beatty Slattery, Walnut Creek, CA, for Plaintiff.

D. Gregory Valenza, Shane K. Anderies, Jackson Lewis LLP, San Francisco, CA, Jay A. Zweig, Gallagher & Kennedy, P.A., Phoenix, AZ, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND STRIKE

(Docket No. 33)

CHEN, United States Magistrate Judge.

Having considered the parties' briefs and accompanying submissions, and good cause appearing therefor, the Court hereby GRANTS Defendant Sunstate Equipment Co., LLC's motion to dismiss and strike.

I. FACTUAL & PROCEDURAL BACKGROUND

In his first amended complaint ("FAC"), Plaintiff Joseph Lamke has...

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