Citation Codes Equivalent Citations citation codes Docket Number Case No. 1:03-CV-25. Motions Motion to dismiss : Granted Judges Gordon Jay Quist See more information ... Smart Summary Please sign up to generate summary. TIBCO SOFTWARE, INC., Plaintiff, v. GORDON FOOD SERVICE, INC., Defendant. ORDER GORDON QUIST, District Judge In accordance with the Opinion filed on this date, IT IS HEREBY ORDERED that Plaintiff's Motion to Dismiss and for Summary Judgment, and to Strike Affirmative Defenses (docket no. 11) is GRANTED. IT IS FURTHER ORDERED that Defendant's entire Counterclaim (Counts I, II, III, IV, and V) is DISMISSED WITH PREJUDICE pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that Defendant's Affirmative Defenses of comparative negligence and unconscionability (Affirmative Defenses ¶¶ 1, 3) are STRUCK pursuant to Rule 12(f) of the Federal Rules of Civil Procedure.