Sta-Rite Industries, LLC v. Preferred Pump & Equipment, LP

Justia Dockets & Filings Sixth Circuit Ohio Northern District Sta-Rite Industries, LLC v. Preferred Pump & Equipment, LP

Sta-Rite Industries, LLC v. Preferred Pump & Equipment, LP

Plaintiff:	Sta-Rite Industries, LLC
Defendant:	Preferred Pump & Equipment, LP
Case Number:	5:2008cv01072
Filed:	April 25, 2008
Court:	US District Court for the Northern District of Ohio
Office:	Contract: Other Office
County:	Portage
Presiding Judge:	David D. Dowd
Presiding Judge:
Nature of Suit:	None
Cause of Action:	Diversity
Jury Demanded By:	28:1332 Diversity-Breach of Contract

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Date Filed	Document Text
August 14, 2008	Filing 31 Memorandum Opinion and Order granting Preferred Pump's Motion to dismiss for lack of capacity. Plaintiff's complaint is dismissed without prejudice.(Related Doc # 17 ) If Preferred Pump desires to pursue its counterclaims in this Court, defendant is granted leave until 8/22/2008, to brief the Court on whether counterclaims based on a complaint dismissed for lack of capacity survive the dismissal. Sta-Rite may respond by 8/29/2008. Still pending is Sta-Rites motion to dismiss Counts 1, 2, 3 and 5 of Preferred Pumps counterclaims. Preferred Pump is granted an extension of time to file its opposition to Sta-Rites motion until a date to be determined after the Court rules on the survival of Preferred Pumps counterclaims. Signed by Judge David D. Dowd, Jr on 8/14/2008.(P,G)

Date Filed

Document Text

August 14, 2008

Filing 31 Memorandum Opinion and Order granting Preferred Pump's Motion to dismiss for lack of capacity. Plaintiff's complaint is dismissed without prejudice.(Related Doc # 17 ) If Preferred Pump desires to pursue its counterclaims in this Court, defendant is granted leave until 8/22/2008, to brief the Court on whether counterclaims based on a complaint dismissed for lack of capacity survive the dismissal. Sta-Rite may respond by 8/29/2008. Still pending is Sta-Rites motion to dismiss Counts 1, 2, 3 and 5 of Preferred Pumps counterclaims. Preferred Pump is granted an extension of time to file its opposition to Sta-Rites motion until a date to be determined after the Court rules on the survival of Preferred Pumps counterclaims. Signed by Judge David D. Dowd, Jr on 8/14/2008.(P,G)

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Plaintiff: Sta-Rite Industries, LLC
Represented By:	Richard S. Mitchell
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Defendant: Preferred Pump & Equipment, LP
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