Mobilization Funding, LLC v. W.M. Jordan Company, Inc.
||Mobilization Funding, LLC
||W.M. Jordan Company, Inc.
||June 11, 2018
||US District Court for the Eastern District of Virginia
||Newport News Office
||Out of State
||Douglas E. Miller
||Raymond A. Jackson
|Nature of Suit:
||Other Personal Property Damage
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|November 29, 2018
MEMORANDUM OPINION AND ORDER granting in part and denying in part 22 Motion to Dismiss for Failure to State a Claim, Lack of Subject Matter Jurisdiction, and Nonjoinder. The Motion is granted in that Counts I, II, and III are dismissed under Rul e 12(b)(6). The Motion is denied in that the action is not barred by Rule 12(b)(1). The Motion is further denied in that Counts IV and V are not barred under Rule 12(b)(6). The Motion is also denied in that the case is not barred by Rule 12(b)(7). The Court further ORDERS that Mexarg be joined as a defendant pursuant to Federal Rule of Civil Procedure 19(a) (2). The Court further ALLOWS Mobilization to amend its Complaint under Federal Rule of Civil Procedure 15(a)(2) to the extent that it must do so to adequately plead any and all claims against Mexarg within fifteen (15) days from the date of this Order. Signed by District Judge Raymond A. Jackson on 11/28/18 and filed on 11/29/18. (tbro)
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