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MARINE GROUP, LLC v. MARINE TRAVELIFT, INC.

Case No. 10cv00846 BTM (CAB).

MARINE GROUP, LLC d.b.a. MARINE GROUP BOAT WORKS; and NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA., Plaintiffs, v. MARINE TRAVELIFT, INC.; ALL-LIFT SYSTEMS, INC.; OLSEN FABRICATION, INC.; EXACTECH, INC.; JUST IN TIME CORP.; SOUTHERN WEAVING CO.; and DOES 4-20, Defendants. EXACTECH, INC., Counterclaimant, v. MARINE GROUP, LLC d.b.a. MARINE GROUP BOAT WORKS; and NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA., Counterdefendants.

United States District Court, S.D. California.

July 6, 2012.

Attorney(s) appearing for the Case

The Marine Group, LLC, doing business as Marine Group Boat Works, Plaintiff, represented by Daniel C. Silva , US Attorneys Office, John F. Hughes , Law Offices of Gordon & Rees, LLP, Russell Patrick Brown , Gordon and Rees LLP & Robert Scott Sokol , Gordon & Rees, LLP.

National Union Fire Insurance Co. Of Pittsburgh, Pennsylvania, Plaintiff, represented by John F. Hughes , Law Offices of Gordon & Rees, LLP & Russell Patrick Brown , Gordon and Rees LLP.

Marine Travelift, Inc., Defendant, represented by Russell Patrick Brown , Gordon and Rees LLP, Stanley A Calvert , Wilson Elser Moskowitz Edelman and Dicker, Timothy R Lord , Lucas Valley Law & Mark Keith deLangis , LucasValley Law.

All-Lift Systems, Inc., Defendant, represented by Harvey C Berger , Pope Berger and Williams & Helen Yuwei Liu , Pope Berger & Williams LLP.

ExacTech, Inc., Defendant, Defendant, represented by Stanley A Calvert , Wilson Elser Moskowitz Edelman and Dicker.

Just In Time Corp., Defendant, represented by John M. Fedor , Farmer Case Hack & Fedor.

Southern Weaving Company, Defendant, represented by Richard L. Scott , Osman & Associates.

Seymour Machine, Corp, Defendant, represented by Craig J. Silver , THe Law Offices of Craig J. Silver.

Marine Travelift, Inc., Cross Claimant, represented by Russell Patrick Brown , Gordon and Rees LLP, Stanley A Calvert , Wilson Elser Moskowitz Edelman and Dicker, Timothy R Lord , Lucas Valley Law & Mark Keith deLangis , LucasValley Law.

ExacTech, Inc., Defendant, Cross Claimant, represented by Stanley A Calvert , Wilson Elser Moskowitz Edelman and Dicker.

ExacTech, Inc., Defendant, Counter Claimant, represented by Stanley A Calvert , Wilson Elser Moskowitz Edelman and Dicker.

National Union Fire Insurance Co. Of Pittsburgh, Pennsylvania, Counter Defendant, represented by John F. Hughes , Law Offices of Gordon & Rees, LLP & Russell Patrick Brown , Gordon and Rees LLP.

The Marine Group, LLC, Counter Defendant, represented by Daniel C. Silva , US Attorneys Office & John F. Hughes , Law Offices of Gordon & Rees, LLP.

Just In Time Corp., ThirdParty Plaintiff, represented by John M. Fedor , Farmer Case Hack & Fedor.

Seymour Machine, Corp, ThirdParty Defendant, represented by Craig J. Silver , THe Law Offices of Craig J. Silver.

ExacTech, Inc., Defendant, Cross Claimant, represented by Stanley A Calvert , Wilson Elser Moskowitz Edelman and Dicker.

ExacTech, Inc., Defendant, Counter Claimant, represented by Stanley A Calvert , Wilson Elser Moskowitz Edelman and Dicker.

National Union Fire Insurance Co. Of Pittsburgh, Pennsylvania, Counter Defendant, represented by John F. Hughes , Law Offices of Gordon & Rees, LLP & Russell Patrick Brown , Gordon and Rees LLP.

The Marine Group, LLC, Counter Defendant, represented by Daniel C. Silva , US Attorneys Office, John F. Hughes , Law Offices of Gordon & Rees, LLP & Robert Scott Sokol , Gordon & Rees, LLP.

ORDER GRANTING PLAINTIFFS' MOTION TO DISMISS DEFENDANT EXACTECH'S AMENDED COUNTERCLAIMS

BARR TED MOSKOWITZ, Chief District Judge.

Pending before the Court is Plaintiffs' motion to dismiss the amended counterclaims of Defendant ExacTech, Inc. ("ExacTech"). For the reasons set forth herein, the Court GRANTS Plaintiff's motion (Doc. 112) in its entirety.

BACKGROUND

This lawsuit arises out of a January 19, 2009 accident...

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