Pat Pellegrini Flooring Corporation v. Itex Corporation et al
Pat Pellegrini Flooring Corporation |
Itex Corporation, Nyto Trade Incorporated, John Castoro and Izzy Garcia |
3:2009cv00376 |
April 13, 2009 |
US District Court for the District of Oregon |
Contract: Other Office |
Outside State |
John V. Acosta |
None |
Diversity |
28:1441 Petition For Removal--Other Contract |
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Filing 57 OPINION AND ORDER: Upon review, I agree with Judge Acosta's recommendations as to both the non-dispositive motion to amend and the dispositive motions to dismiss, and I ADOPT Judge Acosta's Findings and Recommendation (#49) as my own op inion. PPF's Motion to Amend the Complaint (#23) is GRANTED, subject to the condition that PPF's second amended complaint shall include the language of paragraph 37 of the Amended Complaint. ITEX's Motion to Dismiss (#30) isDENIED with respect to PPF's first claim for breach of contract and GRANTED with respect to PPF's other four claims. The NYTO defendants' Motion to Dismiss (#4) is GRANTED IN PART AND DENIED IN PART. The motion is denied with regard to the motion to dismiss for lack of personal jurisdiction, but granted with regard to NYTO and Mr. Castoro's motion to dismiss for insufficient service. Signed on 3/16/10 by Judge Michael W. Mosman. (cib) |
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