Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1 :05-cv-00023-JJF Document 27-2 Filed 07/01/2005 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
DOW CHEMICAL CANADA INC., on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, )
)
Plaintiff )
)
v. )
)
HRD CORPORATION (tl/b/a Marcus Oil & )
Chemical) ) Case No. €)5—O23 (HF)
)
Defendant, Counterclaim PlaintifiQ )
)
v. )
)
DOW CHEMICAL CANADA INC., on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, and THE DOW CHEMICAL )
COMPANY, )
. )
Counterclaim Defendants )
)
ORDER
WHEREAS, Dow Chemical Canada, Inc. and The Dow Chemical. Company have
filed a Motion to Dismiss and Motion to Strike and for good cause shown,
IT IS HEREBY ORDERED this day of , 2005 as follows:
l. The Motion is granted;
2. Count IV of HRD Corporatiorfs First Amended Coanterclaims (the
“Counterclaims") is dismissed because it is entirely duplicative of Counts I and II of those
Counterclaims;
3. Count V of the Counterclaims is dismissed because it fails to state any
recognized cause of action and alleges no wrongdoing or injury;

Case 1:05-cv-00023-JJF Document 27-2 Filed 07/01/2005 Page 2 of 2
4. The Court hereby strikes allegations regarding contidential settlement
negotiations in paragraphs 120, 127 and 137 ofthe Counterolaims; and
5. The Court hereby strikes HRD’s purported reservation of the right to
amend its Counterctaims, as inconsistent with F. R. Civ. P. 15.
Judge
2