Liddle & Robinson, LLP v. Garrett IV et al
| Liddle & Robinson, LLP |
| Robert Y Garrett IV and Jay F. Luby |
| 1:2008cv02965 |
| March 21, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Peter K. Leisure |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity: Notice of Removal |
| None |
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Filing
10
OPINION AND ORDER: For the foregoing reasons, Luby's and Garrett's motion to dismiss Liddle's Amended Complaint for failure to state a claims under Rule 12(b)(6) is DENIED IN PART and GRANTED IN PART. Luby's and Garrett's mo tion to dismiss Liddle's first and second causes of action for quantum meruit is DENIED. Luby's and Garrett's motion to dismiss Liddle's third, fourth, fifth, and sixth causes of action for breach of contract and account stated i s GRANTED. Liddle is DENIED leave to file a Second Amended Complaint on the grounds of futility. The parties are ordered to appear for a telephonic pre-trial conference on 7/13/2010, at 11:00 a.m. Chambers will provide counsel with calling instructions after the filing of this Opinion and Order. (Signed by Judge Peter K. Leisure on 6/30/2010) Copies E-mailed By Chambers. (tro)
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