Maxum Enterprises LLC v. Automotive Fleet Enterprises Inc et al
| Maxum Enterprises LLC |
| Automotive Fleet Enterprises Inc and Luis W Spiro |
| Automotive Fleet Enterprises Inc |
| Maxum Enterprises LLC |
| 3:2018cv00687 |
| March 22, 2018 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Jane J. Boyle |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
132
Memorandum Opinion and Order: The Court GRANTS 67 Western's Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6). Specifically, Plaintiff's FDUTPA and negligence claims are DISMISSED with prejudice because surety compa nies such as Western are exempt from FDUTPA liability and the Court does not find that Western owed PTL any duty besides performance of the bond according to its terms. However, the Court will allow PTL to amend its complaint, as proposed, see generally 128 Mot. for Leave to File Am. Compl., and bring a claim for indemnity against Western and AFC under the express terms of the bond form. (Ordered by Judge Jane J. Boyle on 4/4/2019) (svc)
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Filing
26
Memorandum Opinion and Order Denies 12 Motion to Dismiss/Lack of Jurisdiction filed by Luis W Spiro. (Ordered by Judge Jane J. Boyle on 7/13/2018) (ndt)
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