DNET SERVICES, LLC v. DIGITAL INTELLIGENCE SYSTEMS CORPORATION

Justia Dockets & Filings Seventh Circuit Indiana Southern District DNET SERVICES, LLC v. DIGITAL INTELLIGENCE SYSTEMS CORPORATION

DNET SERVICES, LLC v. DIGITAL INTELLIGENCE SYSTEMS CORPORATION

Plaintiff:	DNET SERVICES, LLC
Defendant:	DIGITAL INTELLIGENCE SYSTEMS CORPORATION
Case Number:	1:2008cv00252
Filed:	February 25, 2008
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
County:	Marion
Presiding Judge:	David Frank Hamilton
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	None

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Date Filed	Document Text
May 5, 2009	Filing 66 ENTRY ON DEFENDANT'S MOTION TO DISMISS. For the reasons discussed herein, DISYS's motion to dismiss DNET's conversion claim is granted, and DISYS's motion to dismiss DNET's fraud claim is denied. DISYS's motion to dism iss DNET's prayer for punitive damages for breach of contract is granted, and DNET's motion to dismiss its fraud claim without prejudice to allow for additional discovery is denied as moot. Signed by Judge David Frank Hamilton on 5/5/2009. (LBK)
September 3, 2008	Filing 40 ORDER GRANTING 20 MOTION to Amend Complaint filed by DNET SERVICES, LLC. and 36 First MOTION To Substitute Proposed Amended Complaint filed by DNET SERVICES, LLC. - Docket 7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(6) and 9(b)filed by DIGITAL INTELLIGENCE SYSTEMS CORPORATION is deemed MOOT. The operative complaint is attached to docket no. 36 as exhibit B. Based on the briefing already done, the court dismisses the prayer for punitive damages in Counts 1 and 2 and dismisses Count 3 of the operative complaint. The dismissal is without prejudice to plaintiff's ability to file a Second Amended Complaint no later than 9/30/08. If plaintiff files a Second Amended Complaint, defendant shall respond no later than 30 days after service. If plaintiff does not file a Second Amended Complaint by 9/30/08, defendant shall respond to the operative complaint no later than 10/15/08. Signed by Judge David Frank Hamilton on 9/3/2008.(LBK)

Date Filed

Document Text

May 5, 2009

Filing 66 ENTRY ON DEFENDANT'S MOTION TO DISMISS. For the reasons discussed herein, DISYS's motion to dismiss DNET's conversion claim is granted, and DISYS's motion to dismiss DNET's fraud claim is denied. DISYS's motion to dism iss DNET's prayer for punitive damages for breach of contract is granted, and DNET's motion to dismiss its fraud claim without prejudice to allow for additional discovery is denied as moot. Signed by Judge David Frank Hamilton on 5/5/2009. (LBK)

September 3, 2008

Filing 40 ORDER GRANTING 20 MOTION to Amend Complaint filed by DNET SERVICES, LLC. and 36 First MOTION To Substitute Proposed Amended Complaint filed by DNET SERVICES, LLC. - Docket 7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rules 12(b)(6) and 9(b)filed by DIGITAL INTELLIGENCE SYSTEMS CORPORATION is deemed MOOT. The operative complaint is attached to docket no. 36 as exhibit B. Based on the briefing already done, the court dismisses the prayer for punitive damages in Counts 1 and 2 and dismisses Count 3 of the operative complaint. The dismissal is without prejudice to plaintiff's ability to file a Second Amended Complaint no later than 9/30/08. If plaintiff files a Second Amended Complaint, defendant shall respond no later than 30 days after service. If plaintiff does not file a Second Amended Complaint by 9/30/08, defendant shall respond to the operative complaint no later than 10/15/08. Signed by Judge David Frank Hamilton on 9/3/2008.(LBK)

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Plaintiff: DNET SERVICES, LLC
Represented By:	Keith Gerald Blazek
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Defendant: DIGITAL INTELLIGENCE SYSTEMS CORPORATION
Represented By:	Brian Patrick O'Meara
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