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ORCHARD SUPPLY HARDWARE LLC v. HOME DEPOT USA

Case No. 12-cv-06361-JST.

967 F.Supp.2d 1347 (2013)

ORCHARD SUPPLY HARDWARE LLC, Plaintiff, v. HOME DEPOT USA, INC., et al., Defendants.

United States District Court, N.D. California.

Filed September 19, 2013.

Attorney(s) appearing for the Case

Dorn Graham Bishop , William A. Markham , Law Offices of William Markham, San Diego, CA, for Plaintiff.

Andrew Dale Lanphere , Roxane Alicia Polidora , Erica Turcios , Lindsay A. Lutz , Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS THE SECOND AMENDED COMPLAINT

Re: ECF No. 54

JON S. TIGAR, United States District Judge

I. INTRODUCTION

Plaintiff Orchard Supply Hardware ("Plaintiff" or "Orchard") brings a Second Amended Complaint ("SAC") against Defendants Home Depot USA, Inc., ("Home Depot"), Milwaukee Electric Tool Corporation ("METCo") and Makita USA, Inc...

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