Texas 1845, LLC v. Wu Air Corporation et al
| Texas 1845, LLC |
| Wu Air Corporation, Maine Aviation Aircraft Maintenance, LLC, Maine Aviation Aircraft Charter, LLC, Allyn Caruso and Wu Aviation Corporation |
| 2:2011cv01825 |
| April 13, 2011 |
| U.S. District Court for the Eastern District of New York |
| Central Islip Office |
| E. Thomas Boyle |
| Joanna Seybert |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| Defendant |
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Filing
44
MEMORANDUM AND ORDER granting in part and denying in part 12 Motion to Dismiss; granting in part and denying in part 12 Motion to Strike; granting in part and denying in part 13 Motion to Dismiss; granting in part and denying in part 13 M otion to Strike; denying 25 Motion to Appoint Receiver. Based on the foregoing discussion, the Court orders the following: Plaintiff's motion to dismiss the Wu Defendants' counterclaims and strike certain affirmative defenses (Docket E ntry 12) is GRANTED IN PART AND DENIED IN PART. It is denied as to the Wu Defendants' conversion counterclaim and their defamation counterclaim arising out of Plaintiff's allegedly false filing with the FAA. It is granted as to the tortiou s interference with contractual relations and fraud counterclaims and as to the remainder of the defamation counterclaims. The Wu Defendants may amend their counterclaims within twenty-one (21) days from the date of this Order. The Wu Defendants 9; personal jurisdiction and election of remedies affirmative defenses are struck, as is their jury demand. The Court does not strike the concurrent state court proceedings and payment affirmative defenses. Plaintiff's motion to dismiss the Ma ine Defendants' counterclaims and strike an affirmative defense (Docket Entry 13) is DENIED WITHOUT PREJUDICE. The Maine Defendants are directed to file their answer and opposition papers with the Court forthwith and not later than five (5) days from the date of this Order. Upon the Maine Defendants' compliance, Plaintiff may renew its motion with a one-page letter motion to the Court. No additional briefing from either side will be permitted. Plaintiff's motion for a receiver is DENIED at this time. Should Plaintiff move again for the appointment of a receiver, it shall provide the Court with the additional information described above and submit a proposed receivership order. So Ordered by Judge Joanna Seybert on 2/3/12. C/ECF (Valle, Christine)
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