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INNOVATION VENTURES v. CUSTOM NUTRIT. LABORATORIES

Civil No. 07-14829.

534 F.Supp.2d 754 (2008)

INNOVATION VENTURES, L.L.C. d/b/a/ Living Essentials, Plaintiff, v. CUSTOM NUTRITION LABORATORIES, L.L.C., Defendant.

United States District Court, E.D. Michigan, Southern Division.

February 11, 2008.

Attorney(s) appearing for the Case

Patrick M. McCarthy, Howard & Howard, Ann Arbor, MI, Stephen P. Dunn, Michelle M. Weiner, Howard & Howard, Bloomfield Hills, MI, for Plaintiff.

Baxter W. Banowsky, Banowsky, Betz, Dallas, TX, Bruce A. Inosencio, Jr., Jackson, MI, for Defendant.

OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

JOHN FEIKENS, District Judge.

Defendant Custom Nutrition Laboratories, L.L.C.'s (Custom) brings this motion to dismiss the Complaint brought by Plaintiff, Innovation Ventures, L.L.C. (Innovation), pursuant to the first to file doctrine. For the reasons set forth below, I GRANT the motion to dismiss.

I. FACTUAL BACKGROUND

On October 29, 2007, Defendant Custom filed suit...

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