NY @ Route 9 Limited Partnership v. Essroc Cement Corp.
| NY @ Route 9 Limited Partnership |
| ESSROC Cement Corp. |
| 3:2016cv00063 |
| May 16, 2016 |
| US District Court for the Northern District of West Virginia |
| Martinsburg Office |
| XX US, Outside State |
| Gina M. Groh |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
41
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS granting 8 Motion to Dismiss; and the Plaintiff's complaint is hereby DISMISSED. Because the primary reason for dismissal is the Plaintiff's failure to plead sufficient facts in su pport of each count of its complaint, which the Court perceives as a potentially curable defect, the Court exercises its discretion to order that the complaint is dismissed WITHOUT PREJUDICE. Pursuant to the Court's decision to dismiss the comp laint without prejudice, the Court hereby grants the Plaintiff LEAVE TO AMEND its complaint. The Plaintiff may file an amended complaint within thirty days of the entry of this Order. If the Plaintiff chooses to file an amended complaint, the Defen dant may file an answer or other responsive pleading within the time period established in the Federal Rules of Civil Procedure and this Courts Local Rules. Finding no basis for an award of attorney's fees at this time, the Court ORDERS that the Defendant's request for attorney's fees is DENIED. Signed by Chief Judge Gina M. Groh on 7/26/2016. (cwm)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
