FINISHMASTER, INC. v. LAKE PLEASANT COLLISION CENTER, LLC et al
FINISHMASTER, INC. |
LAKE PLEASANT COLLISION CENTER, LLC, ALYSON WIGGINS and MATHEW WIGGINS |
FINISHMASTER, INC. |
LAKE PLEASANT COLLISION CENTER, LLC, ALYSON WIGGINS and MATHEW WIGGINS |
1:2015cv00446 |
March 17, 2015 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Debra McVicker Lynch |
Jane Magnus-Stinson |
Contract: Other |
28 U.S.C. ยง 1332 Diversity-(Citizenship) |
None |
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Filing 35 ORDER. The Court finds that Lake Pleasant has failed to state viable counterclaims for breach of implied warranties and fraud in the inducement. The Court also finds, however, that Lake Pleasant has adequately alleged its counterclaims for breach of contract for failure to perform service obligations and for additional remedies beyond the limitation of remedies. Therefore, FinishMaster's Motion to Dismiss, [Filing No. 21], is GRANTED in part and DENIED in part. If Lake Pleasant wishes to amend its counterclaim, it must seek the opposing party's written consent or the Court's leave pursuant to Fed. R. Civ. P. 15(a)(2). The Court orders that Lake Pleasant file any motion seeking to amend the counterclaim within twenty-one days of the date of this order. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 9/10/2015. (BGT) |
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