N'Genuity Enterprises Co. v. Pierre Foods, Inc., et al
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|Date Filed||#||Document Text|
|August 2, 2010
ORDER granting in part and denying in part 59 Motion to Dismiss. The following claims are dismissed. In all other respects, the Motion is denied. Claims 1 and 2 are dismissed as against the Individual Defendants with prejudice. As against Pierre Fo ods, Claims 1 and 2 are not dismissed to the extent only that these counts are based on the Pierre Foods' post-discharge conduct. As against Pierre Foods, the Court reiterates that Claim 5 has been dismissed with prejudice. Claims 3,4 and the re mainder of Claim 5 are not dismissed only to the extent that any claims may not have been fairly cotemplated prior to the discharge date. Claim 9 is dismissed as against Defendants Woodhams Jr. and Woodhams Sr. without prejudice. Claim 11 is dismissed as against Defendant Denning only. Claim 12 is dismised as against the Individual Defendants Signed by Judge G Murray Snow on 7/30/10.(TLJ)
|January 5, 2010
ORDER that Defendants' Motion 48 for Reconsideration is DENIED. Signed by Judge G Murray Snow on 1/5/10.(KMG)
|October 5, 2009
ORDER that Defendants file a response to the 48 MOTION for Clarification and/or Reconsideration on or before 10/22/09. Signed by Judge G Murray Snow on 10/2/09. (REW, )
|September 9, 2009
ORDER granting in part and denying in part 18 Motion to Dismiss; Claim Five (fraudulent inducement) against Pierre Foods is DISMISSED WITH PREJUDICE; all claims against Pierre Foods based on events occurring prior to 12/12/08, are DISMISSED WITH PR EJUDICE; Claim Two (breach of the duty of good faith and fair dealing) against all Defendants is DISMISSED WITH PREJUDICE to the extent that it relies on pre-contract actions; Claim Three (fraudulent misrepresentation) against all Defendants, Claim F our (fraudulent concealment and nondisclosure) against all Defendants, and Claim Five (fraudulent inducement) against the Individual Defendants are DISMISSED WITHOUT PREJUDICE; Claim Nine (defamation, libel, and slander) and Claim Ten (trade libel and slander) are DISMISSED WITHOUT PREJUDICE to the extent that they are asserted against Defendants Woodhams Sr and Woodhams Jr. Signed by Judge G Murray Snow on 9/99/09.(REW, )
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