Kitchen Cabinet Manufacturers Association v. AAA Cabinets & Millworks Inc et al, No. 2:2019cv00291 - Document 50 (E.D. Wash. 2020)
Court Description: ORDER DENYING 31 MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS; denying as moot 49 Stipulated Motion for Telephonic Hearing. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)
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ege Defendants were required to return remaining seals after the contractual certification period lapsed, but rather that Defendant was no longer permitted to use them. See ECF No. 12. 4 20 ORDER DENYING MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS – 10 1 light of the allegation, which the Court must accept as true for the purposes of this 2 motion, that Defendants provided consumers with cabinets marked as certified that 3 were not only uncertified but that allegedly pose a danger to the public. See id. at 15. 4 These allegations are sufficient to survive a motion for judgment on the pleadings.5 5 As such, Defendants’ motion is denied as to Plaintiff’s unjust enrichment claim. 6 CONCLUSION 7 Defendants have not shown that they are entitled to judgment on the 8 pleadings on either Plaintiff’s Washington CPA or unjust enrichment claims. 9 Accepting as true all material allegations in the complaint and construing those 10 allegations in the light most favorable to the nonmoving party, see Fleming, 581 11 F.3d at 925, Plaintiffs have stated a claim for relief as to both claims and Defendants 12 are not entitled to judgment as a matter of law on either claim. Accordingly, IT IS HEREBY ORDERED: 13 14 Defendants’ Motion to for Partial Judgment on the Pleadings, ECF 15 No. 31, is DENIED. 16 17 18 19 20 Plaintiff’s reliance on Maier Brewing Co. to support its unjust enrichment claim is unavailing as that case pertains to using the unjust enrichment rationale to calculate trademark infringement damages. Maier Brewing Co. v. Fleischmann Distilling Corp., 390 F.2d 117, 123 (9th Cir. 1968). However, Plaintiff is entitled to plead alternative claims for relief. See Alliance Labs, LLC v. Stratus Pharms., Inc., No. 2:12-cv-00927 JWS, 2013 WL 273309, at *5 (D. Az. Jan. 23, 2013). 5 ORDER DENYING MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS – 11 1 2 3 4 5 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel. DATED this 18th day of March 2020. _________________________ SALVADOR MENDOZA, JR. United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER DENYING MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS – 12
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