Vista Food Exchange, Inc. v. Champion Foodservice, L.L.C. et al
| Vista Food Exchange, Inc. |
| Champion Foodservice, L.L.C., BC&G Weithman Construction Co., Inc., Tyrone Weithman, Ashley Simpson and Linda Atkinson |
| 1:2014cv00804 |
| February 7, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Robert W. Sweet |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
44
OPINION re: 31 FIRST MOTION to Dismiss for Lack of Jurisdiction as to First Amended Complaint. filed by Linda Atkinson, Tyrone Weithman, Champion Foodservice, L.L.C., Ashley Simpson, BC&G Weithman Construction Co., Inc., 35 MOTION for Discovery Jurisdictional and for Continuance of Motion to Dismiss. filed by Vista Food Exchange, Inc. The motions of Champion, Weithman and Simpson to dismiss the Amended Complaint for lack of jurisdiction are granted, the mot ion of BC&G to dismiss the Amended Complaint for lack of jurisdiction is denied, the motion of BC&G to dismiss the Amended Complaint for failure to adequately allege breach of contract, money had and received, and unjust enrichment is granted, and the Amended Complaint is dismissed with prejudice. The motion of Vista for jurisdictional discovery is denied. It is so ordered. (As further set forth within this Opinion.) (Signed by Judge Robert W. Sweet on 8/18/2015) (ajs)
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Filing
28
OPINION re: 24 MOTION to Alter Judgment re: 23 Clerk's Judgment, 22 Memorandum & Opinion, filed by Vista Food Exchange, Inc. The Plaintiff's motion to alter or amend the August 7 Judgment is denied. Leave to file the AC is granted. It is so ordered. (Signed by Judge Robert W. Sweet on 11/3/2014) (ajs)
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Filing
22
OPINION re: 5 MOTION to Remand to State Court filed by Vista Food Exchange, Inc., 10 MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Venue, and Failure to State a Claim, and in the alternative Transfer filed by Li nda Atkinson, Tyrone Weithman, Champion Foodservice, L.L.C., Ashley Simpson, BC&G Weithman Construction Co., Inc. Based upon the facts and conclusions of law set forth above, Plaintiff's motion to remand is denied. Defendants' motions to dismiss the complaint is granted and Defendants' motion to transfer venue is denied. (Signed by Judge Robert W. Sweet on 8/4/2014) (lmb)
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