Caudill Seed and Warehouse Company, Inc. v. Jarrow Formulas, Inc.
||Jarrow Formulas, Inc.
||Caudill Seed and Warehouse Company, Inc.
||January 25, 2013
||Kentucky Western District Court
||John G. Heyburn
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Account Receivable
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|July 24, 2013
MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II denying defendant's 7 Motion to Strike. cc:counsel (MLG)
|August 9, 2013
MEMORANDUM OPINION and ORDER by Judge John G. Heyburn, II on 8/9/2013; The Court denied Jarrows motion to strike. The Court now addresses Jarrows motion to dismiss. For the reasons that follow, the Court will sustain the motion in part and deny it in part. IT IS HEREBY ORDERED that Defendant Jarrow Formula Inc.s Motion to Dismiss is DENIED as to Count I, Count II claims for conversion and theft by deception pursuant to KRS §514.040 and KRS § 446.070, and Count V. IT IS FURTHER O RDERED that Defendant Jarrow Formula Inc.s Motion to Dismiss is SUSTAINED as to Count II for wire fraud under 18 U.S.C. § 1341 and § 1343 and theft by deception directly under KRS § 514.040, Count IV, and Count VI. re 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike filed by Jarrow Formulas, Inc. cc:counsel (JSS)
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