Opinion
Civil Action 23-2952
02-27-2024
WESTBROOK MONSTER MIX COMPANY, LLC, ET AL. v. EASY GARDENER PRODUCTS, INC.
ORDER
Gerald Austin McHugh, United States District Judge.
This 27th day of February, 2024, having reviewed the record, it is hereby ORDERED that Defendant's Motion to Dismiss (ECF 17) is GRANTED in part and DENIED in part as follows:
1. As to Declaratory Judgment (Count II), the motion is GRANTED.
2. As to Plaintiff's allegations of Fraud (Count III), the motion is GRANTED under the theory of good faith and fair dealing and DENIED in part as to allegations of fraud based on Defendant's January 13, 2021, November 16, 2021 (relating to contacting every person), and January 9, 2022, statements.
3. As to claims under the Lanham Act (Count IV), the motion is DENIED.