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Arbitration Details Disciplinary Action Details 3/20/2002 Customer Dispute Settled Allegations CLIENT ALLEGES GROSS MISMANAGEMENT AND ASSERTED THAT TRANSACTIONS WERE UNAUTHORIZED.
21 FIRST AFFIRMATIVE DEFENSE 22 (Failure to State a Cause of Action) 23 As a first, separate and distinct affirmative defense, Defendant alleges that the Complaint, and each 24 and every cause of action contained therein, fails to state facts sufficient to constitute a cause of 25 action against this Defendant.
The complaint alleges facts to establish each of the three elements 2 with regard to each of the PT’s Defendants.
First, Kitchen alleges that ASA Lukanich was called to the station to assist police in coercing Kitchen to make a statement, before Kitchen had admitted to any involvement in the crime for which he had been arrested.
¶ 64.) Slep-Tone alleges that “[m]any KJs, such as some of the 3 present Defendants, obtain, copy, share, distribute and/or sell media-shifted copies of the 4 accompaniment tracks via pre-loaded hard drives, USB drives, CD-R’s, or the Internet.” (Id.
The Complaint alleges that Defendant Columbia 20 University2 violated Title IX of the Education Amendments of 1972, 20 U.S.C.
The Plaintiff alleges that it 17 investigated the unauthorized use and display of its marks, but neglected to actually notify 18 the PT’S Defendants of the unauthorized use.
Plaintiff alleges that Hospira is the sole supplier of Aquasol A.1 Plaintiff alleges that she suffers from a vitamin A deficiency that was diagnosed in April 2011.
Plaintiff alleges that KJs are making unauthorized copies of 22 Plaintiff’s compact disks and that the visual elements of these unauthorized compact disks 23 display Plaintiff’s SOUND CHOICE trademark during karaoke performances, constituting 24 trademark infringement and unfair competition.
The Complaint 14 alleges facts to establish each of the three elements with regard to each of the Hot Shots 15 Defendants.
23 24 25 26 27 28 However, the Complaint is totally devoid of facts specific to the Moreover, Accordingly, the Complaint should be dismissed pursuant to Rule 12(b)(6) for failure to 2 The Complaint alleges two claims under the Lanham Act — (1) Trademark Infringement under 15 U.S.C.
Moreover, Plaintiff fails to state a claim under either of the two theories of secondary liability for trademark infringement by failing 23 24 25 26 27 28 2 The Complaint alleges two claims under the Lanham Act — (1) Trademark Infringement under 15 U.S.C.
The Complaint 14 alleges facts to establish each of the three elements with regard to each of the Station 15 Defendants, and each of the defendants who have joined in their motion.
14 The Complaint alleges facts to establish each of the three elements with regard to each 15 of the Treasure Island Defendants, and each of the defendants who have joined in their 16 motion.