Blue Zones, LLC v. Premium Costa Rica Products, LLC et al
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|Date Filed||#||Document Text|
|October 2, 2018
ORDER granting in part and denying in part 62 Motion to Dismiss. IT IS HEREBY ORDERED THAT: 1. Defendants' motion to dismiss 62 is GRANTED IN PART AND DENIED IN PART as follows: a. The motion is GRANTED with respect to all claims agains t defendants Dwight C. Hartley, Premium Costa Rica Products, LLC, Hartley Ranch Angus Beef, LLC, and Hartley Foods, Inc. All claims against those defendants are DISMISSED WITHOUT PREJUDICE for lack of personal jurisdiction. b. The motion is GRANTE D with respect to the claims asserted against defendant Miticorp, LLC, in Counts 3, 5, 6, 7, 9, and 10 of the amended complaint. Those claims are DISMISSED WITHOUT PREJUDICE for failing to meet the pleading standards of Ashcroft v. Iqbal, 556 U.S. 6 62 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). c. The motion is DENIED with respect to the claims asserted against defendant Miticorp, LLC, in Counts 1, 2, 4, and 8 of the amended complaint. 2. Defendants' request for an award of attorney's fees under 28 U.S.C. § 1927 is DENIED. (Written Opinion) Signed by Judge Patrick J. Schiltz on 10/2/2018. (CLG)
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