Roof Maxx Technologies LLC v. Rourk et al
| 2:2020cv03151 |
| August 16, 2021 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
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Filing
37
ORDER granting in part and denying in part 22 Motion to Dismiss for Failure to State a Claim. The Court DENIES Roof Maxxs motion to dismiss with respect to Counts One, Five, and Six. (ECF No. 22). The Court GRANTS IN PART and DENIES IN PART the m otion to dismiss as to Count Two. The Court DENIES Roof Maxxs motion to dismiss with respect to Roof Savers breach of the implied duty of good faith but GRANTS the motion to dismiss with respect to Roof Savers claim alleging a breach of Section 8.11 of the August 2019 Agreement. Signed by Chief Judge Algenon L. Marbley on 8/16/2021. (cw)
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