Lower Neuse Preservation Group, LLC v. Boats, Etc., Inc. et al
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|Date Filed||#||Document Text|
|September 28, 2011
OPINION AND ORDER re 14 First MOTION to Dismiss filed by Elizabeth Dovel, 15 First MOTION to Dismiss filed by Clinton Midgett, 20 Second MOTION to Dismiss filed by Clinton Midgett, 19 Second MOTION to Dismiss filed by Elizabeth Dovel, 18 Fi rst MOTION to Dismiss filed by Boats, Etc., Inc. that DENIES the Defendants' motion to dismiss counts 2, 5,6, and 8, and GRANTS Defendants' motion to dismiss counts 3,4,7,9, and 10. The contract claim alleged in Count 1 is adequately pled a gainst Midgett and Boats, Etc. as contracting parties. To the extent the count asserts personal liability against Midgett and Dovel,as owners or agents of Boats, Etc. it fails to state a claim and the Defendants' Motion to Dismiss is GRANTED. If omitted facts would sustain any of the dismissed counts, the Plaintiff may file an Amended Complaint within ten (10) days from the date of this Order. If no Amended Complaintis filed, the Clerk shall terminate Dovel as a party to this action. Signed by Magistrate Judge Douglas E. Miller and filed on 9/28/2011. (rsim)
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