Free Proposed Order - District Court of California - California

Case 5:07-cv-03783-JF

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Filed 09/21/2007

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KELLY M. KLAUS (SBN 161091) [email protected] AMY C. TOVAR (SBN 230370) [email protected] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue Thirty-Fifth Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 Attorneys for Defendants UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC., and UNIVERSAL MUSIC PUBLISHING GROUP UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 12 STEPHANIE LENZ, 13 Plaintiff, 14 vs. 15 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 3663619.1
[PROPOSED] ORDER CASE NO. CV 07-03783

CASE NO. CV 07-03783 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS COMPLAINT AND SPECIAL MOTION TO STRIKE PLAINTIFF'S STATE LAW CLAIM

UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC., and UNIVERSAL MUSIC PUBLISHING GROUP,

Case 5:07-cv-03783-JF

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Filed 09/21/2007

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The motion of Defendants Universal Music Corp., Universal Music Publishing, Inc. and Universal Music Publishing Group ("Defendants") for an Order Dismissing Plaintiffs' Complaint and Granting Defendants' Special Motion to Strike Plaintiffs' State Law Claim ("Motion"), came on for hearing before the Court on _______________________. The Court, having considered all of the pleadings, evidence and argument of counsel submitted in support of and opposition to the Motion, and good cause appearing therefor, hereby ORDERS that: [1] Defendants' Motion for an Order dismissing with prejudice Plaintiff's First Cause

of Action, for "§ 512(f) Misrepresentation," is GRANTED. [2] Defendants' Motion for an Order striking, pursuant to Cal. Civ. Proc. Code

§ 425.16 et seq., Plaintiff's Second Cause of Action, for "Interference with Contract" under California Law, is GRANTED. The parties shall submit further briefing on Defendants' right to recover fees and costs under California Civil Procedure Code § 425.16(c) pursuant to a schedule to be established by separate Order. [3] Defendants' Motion for an Order dismissing Plaintiff's Third Cause of Action, for

"Declaratory Relief of Non-Infringement," is GRANTED. IT IS SO ORDERED.

DATED:

UNITED STATES DISTRICT JUDGE

3663619.1

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[PROPOSED] ORDER CASE NO. CV 07-03783