Bank of Montreal v. Avalon Capital Group, Inc. et al

Plaintiff: Bank of Montreal
Defendant: Avalon Capital Group, Inc., Joseph Burke, Robert J. Machacek, Anthony R. Bassett and William D. Murray
 
Case Number: 0:2010cv00591
Filed: March 2, 2010
 
Court: Minnesota District Court
County: XX US, Outside State
 
Nature of Suit: Fraud or Truth-In-Lending

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Date Filed#Document Text
April 3, 2012 155 Opinion or Order of the Court MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant Theodore W. Waitt's Motion to Dismiss the Second Amended Complaint 110 is GRANTED in part and DENIED in part as follows: a. Counts One through Four are DISMISSED. If BMO fails to amend its complaint, within 30 days from the date of this Order, to plead conveyance of the alleged misrepresentations in the Waitt telephone call to BMO, the dismissal of Counts One through Four shall be WITH PREJUDICE. b. Co unts Five through Ten REMAIN. 2. Defendant Avalon Capital Group, Inc.'s Motion to Dismiss the Second Amended Complaint 113 is GRANTED in part and DENIED in part as follows: a. Counts One through Four are DISMISSED. If BMO fai ls to amend its complaint, within 30 days from the date of this Order, to plead conveyance of the alleged misrepresentations in the Waitt telephone call to BMO, the dismissal of Counts One through Four shall be WITH PREJUDICE. b. Counts Five through Ten REMAIN. (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/3/12. (GRR)
September 30, 2010 59 Opinion or Order of the Court MEMORANDUM OFLAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant Anthony Bassett's Motion to Dismiss the Amended Complaint 14 is GRANTED, and all claims against Bassett are dismissed, as set forth in paragraph 6, below. 2. Defendant Avalon Cap ital Group, Inc.'s Motion to Dismiss the Amended Complaint 20 is GRANTED IN PART and DENIED IN PART, as set forth in paragraph 6, below. 3. Defendant Joseph Burke's Motion to Dismiss Amended Complaint 25 is GRANTED, and all claims aga inst Burke are dismissed, as set forth in paragraph 6, below. 4. Defendant Robert J. Machacek's Motion to Dismiss the Amended Complaint 33 is GRANTED, and all claims against Machacek are dismissed, as set forth in paragraph 6, below. 5. De fendant William D. Murray's Motion to Dismiss Amended Complaint 39 is GRANTED, and all claims against Murray are dismissed, as set forth in paragraph 6, below. 6. The counts of the Amended Complaint are disposed of as follows: a. The follow ing counts are DISMISSED WITHOUT PREJUDICE pursuant to Rule 9(b): Count I: Fraud, Intentional Misrepresentation and Fraudulent Concealment (Avalon and Lakeland Principals); Count II: Negligent Misrepresentation (Avalon and Lakeland Principals); Count III: Aiding and Abetting Misrepresentation and Concealment (Avalon and the Lakeland Principals); and Count IV: Civil Conspiracy (Avalon and Lakeland Principals). b. Count V: Sham Transaction/Alter Ego Liability (Avalon, Bassett and Machacek) is DI SMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted as to Bassett and Machacek and REMAINS as to Avalon. c. Count VI: Unjust Enrichment (Avalon) REMAINS. d. Count VII: Conspiracy to Breach Contract (Avalon and Lakeland Principals) is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. (Written Opinion). Signed by Chief Judge Michael J. Davis on 9/30/10. (GRR)

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Plaintiff: Bank of Montreal
Represented By: James-NA E Spiotto
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Defendant: Avalon Capital Group, Inc.
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Defendant: Joseph Burke
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Defendant: Robert J. Machacek
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Defendant: Anthony R. Bassett
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Defendant: William D. Murray
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