Free Order on Motion to Dismiss - District Court of Delaware - Delaware

Case 1:05-cv-00023-JJF Document 45 Filed O2/28/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DOW CHEMICAL CANADA INC., on :
its own behalf and as assignee :
of THE DOW CHEMICAL COMPANY, :
Plaintiff, ;
v. ; Civil Action No. 05-023-JJF
HRD CORPORATION d/b/a Marcus ;
Oil & Chemical, :
Defendant. E
O R D E R
Plaintiff, Dow Chemical Canada, Inc. and Dow Chemical
Company (collectively “Dow") filed a Motion To Dismiss and Motion
To Strike (D.I. 27). Essentially Dow's motions seek to dismiss
Count IV of Defendant's counterclaim; dismiss Count V of
Defendant's Counterclaim because it fails to state a cause of
action; strike allegations concerning settlement negotiations;
strike a reservation by Defendant of the purported right to amend
its counterclaims.
Defendant has responded to each premise of Plaintiff’s
motion (D.I. 30). After considering the parties' arguments, the
Court concludes that the grounds asserted by Dow are insufficient
to support a dismissal except that the Court agrees that
Defendant’s reservation of a purported right to amend is baseless
and will be stricken.
Therefore, It Is Ordered that Plaintiff’s Motion To
Dismiss and Motion To Strike (D.I. 28) is DENIED, except as to

Case 1:05-cv-OOO23—JJF Document 45 Filed O2/28/2006 Page 2 of 2
Defendant's reservation of right to amend which is STRICKEN.
Q? & `~ is
Februar 2006 C DATE uN¤T¤D s·A E. ¤1sTR1cTLJ.DGE
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