Alioto et al v. Advantage Associates, Inc. et al
| Neil J. Alioto and Mary Jane Alioto |
| Advantage Associates, Inc., Highview Manor Associates, LLC. and Kaven L. Rumpel |
| 3:2010cv00014 |
| January 8, 2010 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Jefferson |
| Jennifer B. Coffman |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Default |
| Plaintiff |
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Filing
34
MEMORANDUM OPINION AND ORDER the motion for leave to file an amended complaint 22 is DENIED in part, GRANTED in part, and the plaintiffs shall file by October 3, 2011, an amended complaint that comports with this ruling and the remainder of this or der; IT FURTHER IS ORDERED that the motion for judgment on the pleadings 19 is GRANTED as to the plaintiffs claims for breach of contract and outrageous conduct, and DENIED as to the plaintiffs claims for libel and fraud; IT IS FURTHER ORDERED that the plaintiffs shall file an amended complaint which sufficiently states their claim for fraud on or before October 3, 2011. In that amended complaint, the plaintiffs may particularize their claim for outrageous conduct as well. IT IS FURTHER ORDERED that the motion to amend answer 17 is GRANTED as it is unopposed.. Signed by Judge Jennifer B. Coffman on 9/22/11. cc:counsel (JBM)
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