Triple D Supply, LLC et al v. Pilot Corporation et al
Don Doak and Triple D Supply, LLC |
Pilot Corporation and Pilot Travel Centers, LLC |
2:2014cv00066 |
April 9, 2014 |
US District Court for the Eastern District of Kentucky |
Covington Office |
XX US, Outside State |
Amul R. Thapar |
Other Contract |
28 U.S.C. ยง 1441 |
Plaintiff |
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Filing 65 MEMORANDUM OPINION & ORDER: Before pla may subject a dft to travails of discovery, a court must allow dft to test complaint with a motion to dismiss. See Kolley, 725 F.3d at 587. If complaint is deficient, then pla is not entitled to conduct discovery of any kind. Iqbal, 556 U.S. at 686. Brown's dicta notwithstanding, that is the order of operations Court will follow in this case. Therefore, plas may not take discovery on their fraud claims to arm themselves against f uture motions to dismiss. It is ORDERED that a telephonic conference is SCHEDULED for Tuesday, July 29, 2014, at 10:00 a.m., to discuss next steps in this case. A court reporter is needed and will be provided by Court. Parties must DIAL IN to this conference call five minutes before the scheduled time by following steps (A - C). Signed by Judge Amul R. Thapar on 7/21/2014. Associated Cases: 2:14-md-02515-ART et al. (TDA) cc: COR |
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