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DOLLAR TREE STORES INC. v. TOYAMA PARTNERS LLC

No. C 10-0325 SI.

875 F.Supp.2d 1058 (2012)

DOLLAR TREE STORES INC., Plaintiff, v. TOYAMA PARTNERS LLC, et al., Defendants.

United States District Court, N.D. California.

June 25, 2012.

Attorney(s) appearing for the Case

David Frederick Faustman, San Francisco, CA, Scott R. Kipnis, Nicholas B. Malito, Douglas Alan Gross, New York, NY, Jay Drew Marinstein, Patrick L. Abramowich, Pittsburgh, PA, for Plaintiff.

Lisa C. Roberts, Mark V. Isola, Peter Michael Rehon, Rehon & Roberts A Professional Corporation, San Jose, CA, Peter Gerard Bertrand, Julian William Mack, Buchalter Nemer Fields & Younger A Professional Corporation, San Francisco, CA, for Defendants.

ORDER RE: SUMMARY JUDGMENT MOTIONS

SUSAN ILLSTON, District Judge.

On February 17, 2012, the Court held a hearing on the parties' cross-motions for summary judgment. After the hearing, the Court directed further briefing on the issue of what remedies are available to Dollar Tree if the Court finds the liquidated damages provision unenforceable. The parties have submitted this supplemental briefing. This order resolves the pending summary judgment motions...

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