Opinion
MDL NO. 2153 CASE NO. 10-ML-02153-GW(PJWx)
08-04-2011
In re: UNITED PARCEL SERVICE "AIR-IN-GROUND" MARKETING AND SALES PRACTICES LITIGATION This Document Relates to: 2:10-CV-00733-GW-PJW Designer Imports International, Inc. v. United Parcel Service, Inc., et al 2:10-CV-00734-GW-PJW Pocino Foods Company et al v. United Parcel Service, Inc. et al 2:10-CV-04350-GW-PJW Arapahoe Hyundai, LLC v. United Parcel Service, Inc. et al 2:10-CV-04352-GW-PJW Owens Financial Group, Inc. v. United Parcel Service, Inc., et al
PAUL T. FRIEDMAN (CA SBN 98381)
RUTH N. BORENSTEIN (CA SBN 133797)
MORRISON& FOERSTER LLP
GREGORY B. KOLTUN (CA SBN 130454)
MORRISON & FOERSTER LLP
Attorneys for Defendants
UNITED PARCEL SERVICE, INC.,
UNITED PARCEL SERVICE GENERAL SERVICES CO.
AND UNITED PARCEL SERVICE CO.
JUDGMENT AS TO PLAINTIFFS DESIGNER IMPORTS
INTERNATIONAL, POCINO FOODS, ARAPAHOE HYUNDAI,
AND OWENS FINANCIAL GROUP
On July 11, 2011 and July 28, 2011, the motion of United Parcel Service, Inc., United Parcel Service General Services Co. and United Parcel Service Co. ("Defendants") to dismiss the Third Amended Consolidated Class Action Complaint of Plaintiffs Arapahoe Hyundai, LLC, Designer Imports International, Inc., Owens Financial Group, Inc., and Pocino Foods Company ("Plaintiffs") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure came on for hearing. The Court heard extensive oral argument after reviewing all briefs and other submissions of the parties.
On July 11, 2011, the Court issued a Tentative Ruling in favor of Defendants, heard arguments from Plaintiffs and Defendants, and took the matter under submission.
On July 28, 2011, the Court issued an Order granting Defendants' motion and dismissing the Third Amended Consolidated Class Action Complaint without leave to amend on the ground that it fails to state a claim on which relief may be granted, for the reasons stated in the Court's Order. In accordance with the Order granting Defendants' motion,
IT IS HEREBY ADJUDGED that:
1. Designer Imports International, Inc. v. United Parcel Service, Inc., et al., Case No. 2:10-CV-00733-GW-PJW, is dismissed on its merits, with prejudice;
2. Pocino Foods Company et al v. United Parcel Service, Inc. et al., Case No. 2:10-CV-00734-GW-PJW, is dismissed on its merits, with prejudice;
3. Arapahoe Hyundai, LLC v. United Parcel Service, Inc. et al., Case No. 2:10-CV-04350-GW-PJW, is dismissed on its merits, with prejudice;
4. Owens Financial Group, Inc. v. United Parcel Service, Inc., et al., Case No. 2:10-CV-04352-GW-PJW, is dismissed on its merits, with prejudice; and
5. Plaintiffs shall take nothing by way of their Third Amended Consolidated Class Action Complaint in this action, which is dismissed without leave to amend.
IT IS SO ORDERED.
Hon. George H. Wu
United States District Judge