Opinion
16-cv-03401
06-15-2021
REPUBLIC TECHNOLOGIES NA, LLC and REPUBLIC TOBACCO, L.P., Plaintiffs, v. BBK TOBACCO & FOODS, LLP d/b/a HBI INTERNATIONAL, Defendant, BBK TOBACCO & FOODS, LLP d/b/a HBI INTERNATIONAL, Counter-Plaintiff, v. REPUBLIC TECHNOLOGIES (NA), LLC, REPUBLIC TOBACCO, L.P., and VANILLA LA GROUP, INC. Counter-Defendants.
BBK TOBACCO & FOODS, LLC d/b/a HBI INTERNATIONAL By: /s/ David S. Becker One of its attorneys Frank G. Long, (Arizona Bar Number #012245) (Admitted pro hac vice) Charles S. Price (Arizona Bar Number 6197) (Admitted pro hac vice) Ariana F. Pellegrino (Michigan Bar Number #79104) (Admitted pro hac vice) Dickinson Wright PLLC
BBK TOBACCO & FOODS, LLC d/b/a HBI INTERNATIONAL By: /s/ David S. Becker One of its attorneys Frank G. Long, (Arizona Bar Number #012245) (Admitted pro hac vice) Charles S. Price (Arizona Bar Number 6197) (Admitted pro hac vice) Ariana F. Pellegrino (Michigan Bar Number #79104) (Admitted pro hac vice) Dickinson Wright PLLC
Thomas M. Durkin, Judge
BBK TOBACCO & FOODS. LLP D/B/A HBI INTERNATIONAL'S MOTION FOR JUDGMENT AS A MATTER OF LAW
Sunil R. Harjani Magistrate Judge
Pursuant to Federal Rule of Civil Procedure 50(a), BBK Tobacco & Foods, LLP d/b/a HBI International (“HBI”) hereby moves for judgment as a matter of law in its favor on the remaining claims asserted against HBI in Counts III, IV, and V of Plaintiffs Republic Technologies (NA), LLC's and Republic Tobacco, L.P.'s (together, “Republic's”) Second Amended Complaint.
Dismissal is proper for the reasons set forth in the memorandum of law filed concurrently herewith. Specifically, a reasonable jury would not have a legally sufficient evidentiary basis to find for Republic on any of its 27 false advertising claims. Accordingly, HBI respectfully requests that the Court enter judgment in its favor.
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of June, 2021, that the above and foregoing HBI'S Motion for Judgment as a Matter of Law was filed electronically with the Clerk of the Court using the CM/ECF system, which sent notification to all ECF registrants that are counsel of record for this matter.