James River Insurance Company v. Ultratec Special Effects Inc et al
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|Date Filed||#||Document Text|
|June 20, 2017
MEMORANDUM OPINION AND ORDER re 85 MOTION to Dismiss Third-Party Defendant Britton-Gallagher & Associates, Inc.s Motion to Dismiss, in Part, Ultratec Special Effects, Inc.s First Amended Third-Party Complaint filed by Britton-Gallagher & Associates, Inc.; for reasons stated within the motion to dismiss, 85 , is GRANTED as to the fraud claims against Britton Gallagher (Counts V and VI), and DENIED as to the breach of contract claim (Count I); Ultratec's fraud and suppressio n claims against Britton Gallagher are DISMISSED without prejudice; Ultratec is free to replead these claims by June 30, 2017, and Britton Gallagher, if warranted, is free to challenge these claims again; This time, however, in the event a motion to dismiss is filed, the court will assess attorneys fees against the losing party. Signed by Judge Abdul K Kallon on 06/20/2017. (KBB)
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