BUCHER AND CHRISTIAN CONSULTING, INC. v. NOVITEX ENTERPRISE SOLUTIONS, INC.
BUCHER AND CHRISTIAN CONSULTING, INC. |
NOVITEX ENTERPRISE SOLUTIONS, INC. |
1:2015cv00010 |
January 5, 2015 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Mark J. Dinsmore |
Tanya Walton Pratt |
P.I.: Other |
28 U.S.C. ยง 1332 Diversity-Personal Injury |
None |
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Filing 38 ORDER ADOPTING IN PART AND MODIFYING IN PART REPORT AND RECOMMENDATIONS for 33 Report and Recommendations, 12 Motion to Dismiss for Failure to State a Claim filed by NOVITEX ENTERPRISE SOLUTIONS, INC. The Court OVERRULES BCforward's Ob jection with respect to all matters except the Court finds that BCforward's claim for third party breach of contract shall be dismissed without prejudice. Accordingly, the Court hereby ADOPTS the Magistrate Judge's Report and Recommend ation (Filing No. 33) with one MODIFICATION. The Court GRANTS Novitex's Motion to Dismiss (Filing No. 12), with prejudice as to all claims except the claim in Count I, Third Party Beneficiary Breach of Contract, which shall be dismissed without prejudice. BCforward shall have fourteen (14) days from the date of this Entry to amend its Complaint or request leave to engage in limited discovery. (S.O.). Signed by Judge Tanya Walton Pratt on 9/3/2015.(MAC) |
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