Jensen et al v. Evolv Health et al
Glen Jensen and Jeffrey Aldous |
Evolv Health and Brent Hicks |
2:2014cv00891 |
December 5, 2014 |
US District Court for the District of Utah |
Central Office |
Utah |
Evelyn J. Furse |
Other Contract |
28 U.S.C. ยง 1441 |
Both |
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Filing 30 MEMORANDUM DECISION AND ORDER: The court held a hearing on Defendants motion on August 13, 2015. At the hearing, Matthew G. Grimmer and Jacob R. Davis represented Plaintiffs, and Joshua J. Bennett and Benjamin P. Harmon represented Defendants. Having considered the parties briefs, and the argument at the hearing, the court renders the following Memorandum Decision and Order: Plaintiffs failed to plead sufficient facts to state either a tortious interference claim or an abuse of process claim. Plaintiffs litigation-based tortious interference claim fails because it is premature. Plaintiffs own complaint shows that the prior litigation that forms the basis for their claim has not yet concluded, much less concluded in th eir favor. Plaintiffs are therefore incapable of satisfying the improper means Requirement. And mere allegations that Defendants obtained further negotiating leverage through initiation and service of process cannot give rise to an abuse of process claim. Accordingly, for the reasons stated above, Defendants Motion to Dismiss is GRANTED, without prejudice. Signed by Judge Dee Benson on 9/1/15. (jlw) |
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