Citation Codes Equivalent Citations citation codes Docket Number Case No. 2:09-cv-840 CW. Motions Motion to dismiss : Granted See more information ... Smart Summary Please sign up to generate summary. JOSEPH G. PIA, an indi v. dual, Plaintiff, ORDER and MEMORANDUM DECISION CLARK WADDOUPS, District JudgePage 2 Now before the court is a motion to dismiss counterclaims and third party claims (Dkt. No. 121). For the reasons set forth at the hearing on this motion held on October 5, 2011, the court DENIES that motion. Mr. Pia is granted leave, however, to file an additional motion to dismiss the seventh cause of action (declaratory judgment) stated in the counterclaim against Mr. Pia. Such a motion to dismiss that cause of action shall be granted on the condition that Mr. Pia submit a filing in which he disclaims any lien or other interest in the film at issue in this action.