Cavan v. Maron et al
| David V Cavan |
| Robert Maron, Robert Maron Incorporated and Unknown Parties |
| 2:2015cv02586 |
| December 21, 2015 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Paul G Rosenblatt |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
44
ORDER granting in part and denying in part 32 Motion to Dismiss Counts I Through VI of Plaintiff's Amended Complaint for Failure to State a Claim. Defendants' Request for Judicial Notice in Support of Motion to Dismiss Amended Complaint [ 33] is granted. The motion to dismiss is granted to the extent that Count II (Breach of Covenant of Good Faith and Fair Dealing), Count III (Breach of Fiduciary Duty), Count IV (Negligent Misrepresentation), Count V (Fraud), and Count VI (Unjust Enri chment) of the Amended Civil Complaint 31 are all dismissed in their entirety without leave to amend, and to the extent that the Breach of Contract claim in Count I of the Amended Civil Complaint against defendant Robert Maron is also dismissed wit hout leave to amend. The motion to dismiss is denied as to the Breach of Contract claim in Count I of the Amended Civil Complaint against Robert Maron, Inc. The caption of all future documents filed by the plaintiff shall comply with the party name capitalization rule of LRCiv 7.1(a)(3). See order for additional details. Signed by Senior Judge Paul G Rosenblatt on 8/22/2016.(LMR)
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Filing
28
ORDER granting /denying in part 15 Motion to Dismiss Counts I through VI ofPlaintiff's Complaint for Failure to State a Claim Pursuant to Rule 12(b)(6) and 9(b). FURTHER ORDERED that Plaintiff may file an amended complaint no later than May 13, 2016. FURTHER ORDERED granting 16 Request for Judicial Notice in Support of Motion to Dismiss. FURTHER ORDERED denying 17 Motion for Authorization to File Exhibits to Maron Declaration Under Seal. FURTHER ORDERED that the Clerk of the Court shall unseal and file Exhibits A and B to Maron Declaration (Doc. 19 , Doc. [19-1]). See Order for Complete Details. Signed by Senior Judge Paul G Rosenblatt on 4/25/16.(MAP)
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